- 11 - no analysis in the prospectus of the potential nontax, economic profitability of the leasing program. Furthermore, there is no information in the prospectus regarding the marketability of the master recordings that Encore intends to lease nor any information concerning how master recordings can be marketed. Finally, the prospectus contains a letter from Henry D. Nunez, a tax attorney, stating the following: upon request by Encore, we will assist a lessee and their counsel and accountants if the Internal Revenue Service challenges the tax structure of the transaction as set forth in the Opinion and the lessee is unable to reach a satisfactory resolution at the initial audit level. Such assistance would include advice in connection with their appearances before the appellate division of the Internal Revenue Service. We would also be available to assist the lessee’s counsel in defense before the U.S. District Court, U.S. Tax Court or the U.S. Court of Claims. In light of the content of the Encore prospectus, we doubt the sincerity of petitioners' contention that they examined its pertinent parts. Even a simple review of the information contained in the prospectus should have raised serious questions in the minds of ordinarily prudent investors. Based upon careful consideration of the record, we find that petitioners have failed to show that the instant case differs in any meaningful respect from the previously decided cases in which we held the taxpayers liable for the additions to tax for negligence in connection with their participation in Encore. Accordingly, petitioners are liable for the additions to taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011