Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 16

                                        -105-                                         
          Corona’s claimed long-term capital loss of $78,768,955 on the               
          sale of the $79 million receivable.  Respondent determined                  
          instead that Corona recognized a long-term capital gain of                  
          $1,144,000 on this sale.  Respondent determined that, pursuant to           
          section 6662(h), the 40-percent accuracy-related penalty for                
          gross valuation misstatements applies to all of Corona’s                    
          partnership adjustments for 1997.  Alternatively, respondent                
          determined that, pursuant to section 6662(a), the 20-percent                
          accuracy-related penalty applies on the grounds of negligence or            
          disregard of rules and regulations, a substantial understatement            
          of income tax, or a substantial valuation misstatement.                     
                                       OPINION                                        
               As becomes apparent from the foregoing findings, the facts             
          in these cases are a virtual labyrinth.  At the heart of the                
          labyrinth, where one might expect to find, if not a Minotaur,               
          then at least an old movie lion, we find high-basis, low-value              
          assets (said to have spawned startling losses) and some B-grade             
          films.  To help thread the labyrinth, we briefly recap some                 
          salient facts.                                                              
               In 1996, Mr. Lerner was involved with the Safari                       
          consortium’s failed bid to acquire MGM.  Subsequently, Mr. Lerner           
          was contacted by CDR’s representative, Rene Claude Jouannet, who            
          had been assigned the task of selling the assets in MGM’s parent            
          company, MGM Group Holdings (later renamed SMHC).  Messrs. Lerner           






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