Lowell L. and Marilyn A. Robertson - Page 37




                                       - 37 -                                         
             that the Trust and the Unitholders do not have a deprecia-               
             ble interest in the Equipment and that the indebtedness has              
             no economic significance."  Notwithstanding the importance               
             of this issue, however, the Investment Memorandum relies                 
             solely on the Appraisal to establish the fair market value               
             of the equipment, despite the obvious errors in the                      
             Appraisal and the discrepancies between the Appraisal and                
             the Projections.                                                         
                  Finally, the Investment Memorandum relies upon the                  
             Appraisal to establish the "useful life" of the equipment,               
             as follows:                                                              

                  Further, the Appraisal indicates that the                           
                  Equipment will have a residual value sufficient                     
                  for the Unitholders to realize a profit and that                    
                  the Equipment will have a useful life in excess                     
                  of the terms of the [Master] Leases.                                

             The Investment Memorandum notes that the useful life of the              
             equipment is especially important because "the 96 month                  
             term of the [Master] Leases may be challenged by the IRS as              
             being for a term which is substantially all of the useful                
             life of the Equipment."  Nevertheless, as discussed above,               
             the Appraisal merely states that the computer equipment                  
             "should have an economic life of not less than 12 years"                 
             and fails to define the term "economic life".                            








Page:  Previous  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  Next

Last modified: May 25, 2011