- 36 - Trust. For example, the Investment Memorandum states as follows: The Trustee has received an appraisal that the fair market value of the Equipment as of December 14, 1982, is $5,170,392.00, which exceeds the amount of the Trust Note. The debt will be includible in the basis of each Unit- holder to the extent of his liability therefor, but if the IRS should determine that the fair market value of the Equipment is less than its purchase price, the basis of the Unitholders in the Equipment would not include any part of the Trust Note. The Unitholders' anticipated tax losses would be reduced almost entirely or totally eliminated. The Tax Opinion concludes that it is more likely than not that the Trust Note will be includible in the Unitholders' basis in the Equipment, but that opinion is based upon the opinion expressed in the Appraisal that the fair market value of the Equipment exceeds the amount of the Trust Note. Similarly, the Investment Memorandum states as follows: "The appraisal indicates that the fair market value of the Equipment as of December 14, 1982, exceeds the face amount of the Trust Note but there can be no assurance that such valuation will not be challenged by the IRS. * * *" The Investment Memorandum also warns that investors must be able to demonstrate that the fair market value of the computer equipment is at least equal to the purchase price, because, otherwise, "the IRS could disallow all of the deductions expected to be available to him, including depreciation and interest on the Trust Note, on the theoryPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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