-207- document entitled: “Accounting in Santa Monica Holdings Book”, dated June 1, 1997, Bruno Hurstel of CDR reiterated that CLIS’s contribution of the EBD film library to SMHC on December 10, 1996, was “without amount”. Also, consistent with its accounting of the contribution, SMHC did not list the EBD film rights as an asset of value on its corporate tax return for the period October 9 to December 31, 1996.152 These additional factors indicate that the EBD film rights had very little, if any, value and were in an unsatisfactory condition when they were transferred from CLIS to SMHC. In light of the expert opinions and these additional factors, we conclude that the EBD film rights had no material or consequential value as of December 11, 1996. Petitioner claims that the EBD film rights still have considerable value. The record does not bear out this claim. The Ackerman group and Troma have realized little or nothing on the EBD film rights. SMP and SMHC distributed none of the EBD 151(...continued) a relevant consideration in determining the value of the EBD film library as of Dec. 11, 1996. 152 In fact, in 1997, Mr. Lerner was willing to sell a 25- percent interest in SMP to Imperial for $5 million. Mr. Lerner represented to Imperial that SMP had “assets totaling $49 million (with zero liabilities) including: $29 million in film library assets (appraised value) and $20 million in cash[.] ICII’s 25% share of the assets would equal approximately $12.25 million, a multiple of the proposed investment”. The $5 million sale price, however, effectively represented 25 percent of the $20 million cash asset with no value assigned to the film assets.Page: Previous 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 Next
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