-328- tax benefits from the transaction with a potential value in the hundreds of million of dollars, it is very unlikely that the $10,000,000 figure represents the fair market value of the debt.” Mr. Shapiro’s expert report provides no basis for reaching these conclusions other than speculation. He did not identify the tax benefits that he alluded to and, indeed, testified that he based his conclusions on a discussion with respondent’s counsel regarding SMP’s “trying to take a writeoff on this debt”. Similar to other portions of Mr. Shapiro’s report, these statements have the distinct quality of advocacy. For the reasons stated above, we conclude that Mr. Shapiro’s expert report and testimony are not admissible into evidence. We shall grant petitioner’s motion in limine as it relates to that expert report and testimony. B. Mr. Jouannet’s Response At trial, we admitted a letter from Mr. Lerner dated November 21, 1997, requesting a confirmation from Mr. Jouannet: In order to respond to a question asked by our auditors, we would appreciate receiving a letter from you confirming that, to the best of your recollection: (i) when GB and CLIS entered into the Santa Monica Pictures LLC agreement, they intended at the time to be partners with Rockport Capital Inc. and (ii) their decision to dispose of their interests was made subsequent to the date of that agreement (December 11, 1996). I recall that the interests were transferred at the end of 1996.Page: Previous 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 Next
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