-217- F. Other Considerations 1. SMP’s Other Film-Related Activities After the CDR transaction, SMP acquired the “City Lights” library, the “Wisdom” library, the “Moving Picture” library, the “Five Stones” library, and the “Vista Street” library. Petitioner suggests these acquisitions should have some bearing upon our evaluation of the CDR transaction. We disagree. There is no evidence to suggest that these acquisitions were contemplated at the time of the CDR transaction; these acquisitions are entirely unrelated to any supposed film venture with the banks. In any event, the acquisitions are relatively insignificant when compared to the enormous tax losses that the Ackerman group claims to have reaped from the CDR transaction and the $14,595,652 fee that Imperial paid SMP for its share of tax losses on the Corona transaction.162 Petitioner also points to a number of discussions that he had in 1997, 1998, and 1999, which related to certain film- related transactions and activities.163 According to Mr. Lerner, 162 The film libraries consisted of 85 film titles, for which the Ackerman group paid a total of $1.1 million. 163 The discussions involved: (1) A possible distribution deal between SMHC and Orion in 1997; (2) a possible sale by the Jones Entertainment Group in 1997 of the rights to 5 film titles; (3) negotiations in 1997 with CitiCorp Ventures, which was interested in acquiring a film library for use in its chain of theaters; (4) a possible distribution relationship with UnaPix Entertainment in 1997; (5) negotiations with Comcast Corp., (continued...)Page: Previous 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 Next
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