5 distribution costs) to satisfy the lease payments for the Book Properties relating to each Literary Work a very substantial number of Books will have to be sold. * * * The number of Books required to be sold to return a profit to the Partnership in almost all cases greatly exceeds the industry average. * * * Accordingly, there is a high degree of probability that exploitation of the Book Properties relating to any one of the Literary Works will not yield a profit to the Partnership and that an investor may not recoup all or any portion of his cash investment in the Partnership. Similarly, the Memorandum for Series 124 stated: Although the appraisals support the value of Properties on both the Lessor and Partnership levels, there is no guarantee that all or any of the Books or Disks will achieve the level of sales necessary to result in Partnership profits. The Services Contractors have agreed to use their best efforts but are not bound by any minimum performance requirement. In addition, the private placement memoranda for Series 98 and Series 124 included unsigned proposed tax opinion letters. The letter for Series 98 cautions: Although the opinions may be deemed an indication of the fair market value of the Book Properties, they will be estimates only, and cannot be regarded as definitive with respect thereto. It is highly likely that unless a Book achieves substantial sales, the IRS will not agree with the appraised value therefor. We have made no independent investigation as to the fair market value of any of the Book Properties. Petitioner decided to invest in Series 98 and Series 124 based upon the information contained in the offering materials. His review of these materials primarily focused on the cash-flow analyses and the proposed tax opinion letters. Petitioners invested $6,250 in Series 98 in 1982, and in 1983 they invested $6,250 in Series 124. Petitioners invested with others in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011