Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 107

                                        -188-                                         
               Mr. Medress assumed that in 1997 (the first full year after            
          SMP acquired SMHC) 500 units would be shipped for each of the 10            
          film titles distributed in the rental market, and that this                 
          amount would decline by 2.5 percent per annum as the film titles            
          continued to age.  For scenario 1, Mr. Medress divided the film             
          titles distributed in the sell-through market into 10 “Group 1”             
          film titles and 45 “Group 2” film titles.  For scenario 2, Mr.              
          Medress divided the film titles distributed in the sell-through             
          market into 9 “Group 1” and 38 “Group 2” film titles for 1997,              
          and 9 “Group 1” and 36 “Group 2” film titles for 1998 through               
          2006.  Mr. Medress assumed, in both scenarios, that 5,000 units             
          would be shipped for each of the “Group 1” film titles and 100              
          units would be shipped for each of the “Group 2” film titles, and           
          that after 1997 the unit shipments would decline by 2.5 percent             
          per annum.139                                                               
               Having determined that shipments of rental units that had              
          been in release for some time would have a low return rate, Mr.             
          Medress assigned the EBD film titles a 5-percent return rate.               
          For the EBD film titles distributed in the sell-through market,             

               138(...continued)                                                      
          the EBD film library would be distributed in the rental market.             
          Typically, as the figures reflect, units sell at higher price               
          points in the rental market (e.g., $44.95) than in the sell-                
          through market (e.g., $7.99).                                               
               139 Mr. Medress does not explain his division of the EBD film          
          library into “Group 1” and “Group 2” film titles or identify                
          which film titles were placed into those respective groups.                 





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