- 4 - him that the Southampton investment had been investigated by MSC, and in fact no such investigation had been done. At the time he learned of the Southampton investment, petitioner was not familiar with the music industry or master recordings. Petitioner claims that he familiarized himself with the music industry by spending numerous hours at the library doing research, talking to some musicians from his church, attending several seminars about investing in the music industry, and on one or two occasions, speaking on the phone with someone from Motown Records. There is no indication, however, that these efforts included an investigation of the Southampton master recording investment presented to petitioner by Cunningham.1 When asked at trial what he had learned from his research, petitioner stated: "I learned that it was an industry where you could make a lot of money if you got a good album--a good person that became popular." Petitioner provided no evidence, however, that he had researched the profitability 1 Petitioner introduced into evidence two brochures he allegedly received at a seminar on investing in the music industry. One of the brochures is a quarterly report prepared by another master recording leasing company, Audio Leasing Corp., and includes information about the activities of that company as well as news about the music industry generally. The brochure also emphasizes the alleged tax incentives in investing in master recording leases. The second brochure is a glossary of terms used in the music industry. Neither brochure contains a discussion of the nontax economic benefits to be expected from a master recording lease, nor do they discuss the Southampton investment program at issue in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011