-139- comfortable that with the investment we were making at least we had assets worth as much as we were investing and that it could be considerably more if managed properly.” Other than Mr. Lerner’s testimony, we have no basis for gauging Mr. Lerner’s reliance on this appraisal. Although Mr. Kutner’s appraisal report would seem to form a critical part of his case, petitioner did not call Mr. Kutner as a witness. Consequently, Mr. Kutner’s appraisal report has not been received into evidence and cannot be relied upon for establishing the value of the film library. The appraisal report itself indicates that it is limited to a financial analysis of the film library and its potential earnings. The report states that Mr. Kutner did not physically inspect the materials for the various film titles, and he assumed that the legal and physical status of the EBD film library “is in good condition”. The report does not provide any analysis of the rights that SMHC acquired in the film titles (except for the general reference to “U.S. Video Film Rights”) and appears to assume that SMHC actually owned the full bundle of rights associated with the EBD film titles. The report also appraised the EBD film library “as if it was free and clear of debt and under responsible ownership and competent management”. Presumably, however, when the EBD film library was assigned to SMHC, it became subject to the $1 billion debt that SMHC owed.Page: Previous 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Next
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