milestone / Re:lambertslunatics TPL/Moore
in response to
by
posted on
Aug 14, 2009 03:34PM
For starters, you're making assumptions about the TPL corporate strructure, and Moore's relationship to it, that unless you're privy to it, you can't know what tax ramifications would ensue and how those would be broken up.
That being said, if you consider this with a broad stroke, and simple 35% tax burden as you state (which I think is reasonable by the way and something I ALREAY pointed out in my post previously, which you must've missed or choose to ignore based on some preconceived view you ascribe to me), the following calculations would follow:
$104.5M in revenue. Using the worse case version of Moore's presentation of their agreement, which means Moore's 55% of SeaForth Expenses is $25M, so in total, SeaForth expenses are $45.5M. Subtract those business expenses from the revenue and you get $59M in TAXABLE revenue. A 35% tax burden, reduces that to a net proceeds of $38.35M. So even under that analysis, TPL & Moore would split that and Moore would be entitled to $18.98M at 49.5%. He's only been paid $10M according to him, leaving nearly $9M unpaid. TPL, according to Moore admits shorting him and owing him $6M, so even in the case where TPL supposedly withheld for taxes, they STILL didn't pay him per their own admission, $6M, and seemingly more, if you accept Moore's word. As you'll see, contrary to you FUD allegation, I acccounted for this with my "over $7M it would seem" commment in my original post, 4th paragraph. Furthermore, this disregards the TPL's $10M portion of the Intel license which would begin the basis at $114.5M, rather than the more conservative approach I took.
Looking at it slightly differently. $104.5M in revenue and $45.5M in Seaforth expenses leaves a taxable base of $59M. Taxes owed on that amount is $24.15M. So looking at it that way, you have $104.5M, minus a tax burden of $20.65, leaves you $83.85M net proceeds to split between Moore & TPL. According to Moore, he's to receive 49.5% of that minus his 55% portion of SeaForth expenses. 49.5% is $41.5M. Subtract his $25M (55%) portion of SeaForth expenses, and you get a balance due of $16.5M. According to Moore, he's been paid $10M, leaving $6.5M due. Apparently, TPL admits $6M due according to Moore. However, this analysis also leaves the $10M Intel money out of the equation.
These are very broad stroke analysis points, and are kind of WORST case scenarios from a tax structure point of view. As I indicated, they also don't take into account any potential tax benefit partnerships, relationships that might be part of the TPL company structure. I would assume that if the Leckrones are at all qualified as lawyers, they've set up a much more beneficial tax structure than the one I laid out, and consequently the monies split would mean a greater share for each.
If your knowledge of TPL's business structure is more intimate, please feel free to explain how it would limit Moore's share of the proceeds to teh $10M they've paid, or even the additional $6M they've apparently admitted they owe him.
In anycase, in your veiw, is there any reason PTSC shouldn't require a regular audit of the TPL expenses charged to PDS for licensing? Don't you think that the crossover between licensing the MMP and CoreFlash to the same companies in similar time frames would warrant proving the deliniation of those expenses? Again, I'm not saying PTSC hasn't already done so. I sure HOPE they have, I simply haven't seen proof of such in any filings, or through any responses to my inquiries.
That's my view, feel free to explain yours with supporting facts and analysis. Thanks.