Lowell L. and Marilyn A. Robertson - Page 34




                                       - 34 -                                         
             Processors and the IBM and Control Date [sic] Corporation                
             disk are the latest model in their price and capacity                    
             ranges, and should have an economic life of not less than                
             twelve years."  This statement concerning the "economic                  
             life" of the equipment is not formulated in terms of                     
             Mr. Wilkins' considered opinion but appears to be an off-                
             hand conclusory comment without anything to support it.                  
                  In summary, therefore, the Tax Opinion relies upon the              
             Appraisal without question, even though there are glaring                
             errors that are evident on the face of the Appraisal and a               
             discrepancy between the value of the equipment in the                    
             Appraisal and in the Projections.  The Tax Opinion also                  
             relies upon the Appraisal to establish facts, such as the                
             residual value of the equipment upon expiration of the 96-               
             month master leases, and the cash-flow from the equipment                
             upon the expiration of the master leases, that are not                   
             stated in the Appraisal.  Finally, the Tax Opinion relies                
             upon the Appraisal to establish the "useful life" of the                 
             equipment, even though the statement in the Appraisal                    
             regarding the "economic life" of the equipment does not                  
             define the term "economic life" and appears to be an off-                
             hand comment, rather than the considered opinion of the                  
             appraiser.                                                               








Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011