Lawrence R. Roberson - Page 7

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          Southampton, petitioner was to receive royalty payments from                
          Indigo on album sales, and in turn, petitioner was to make                  
          additional rental payments to Southampton based on a percentage             
          of net profits earned.  There is no evidence in the record that             
          petitioner has ever received royalty payments from Indigo or                
          that any additional rental payments have been made to                       
          Southampton.4                                                               
               Pursuant to the lease agreement, Southampton agreed to pass            
          to petitioner his one-fourth share of any investment tax credit             
          generated by the Ray Pillow master recording.  On his 1982 tax              
          return, petitioner reported a tentative regular investment                  
          credit from his Southampton investment of $21,250.  This amount             
          was determined based on a value for the Ray Pillow master                   
          recording reported to petitioner by Southampton of $850,000.5               
          Petitioner never obtained an independent appraisal of the Ray               
          Pillow master recording but relied solely on the value reported             
          to him by Southampton.6  Of the total investment tax credit of              

          4  On his 1984 tax return, however, petitioner reported $15 in              
          "Other Income" from his Southampton investment.                             
          5  Petitioner's tentative regular investment tax credit was                 
          determined by multiplying the regular investment tax credit                 
          percentage (10 percent) by petitioner's one-fourth share of the             
          total value of the master recording reported by Southampton (10             
          percent x ($850,000 x �) = $21,250).                                        
          6  Petitioner introduced into evidence two documents that he                
          received from Southampton purporting to be appraisals of the Ray            
          Pillow master recording.  Petitioner's reliance on these                    
                                                             (continued...)           




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