Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 128

                                        -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.                       





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