A new ballgame for Liberty?

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Apr 18, 2005
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Douglas-based giant may gain Atlanta Braves. Experts say a deal could set the stage for ex-owner Ted Turner to get involved with the team again.

Liberty Media Corp.'s possible jump into sports ownership could last much longer than its foray into the business six years ago when it bought and sold the Colorado Avalanche, Denver Nuggets and Pepsi Center within a month.

The Douglas County-based company is reportedly negotiating to acquire baseball's Atlanta Braves as part of a complex asset swap with the team's owner, Time Warner.

To avoid taxes, Liberty would have to hold onto the Braves for two years, according to corporate tax experts.

If so, it also raises an intriguing question: could former Braves owner Ted Turner - who is close to Liberty chairman John Malone - get involved with the team?

"I could see it happening, definitely," said sports business expert Jeff Marks, managing director of Los Angeles-based Sports Business Ventures.

"(Turner's) already struck gold there a couple of times."

Turner owned the Braves until Turner Broadcasting System merged with Time Warner in 1996. Turner was not available for comment. Liberty spokesman John Orr declined comment Friday.

In March 2000, Liberty acquired the hockey Avs, basketball Nuggets and Pepsi Center as part of a $755 million deal for Denver-based Ascent Entertainment Group. Liberty sold the teams and arena four weeks later for $450 million to current owner Stan Kroenke. Liberty reportedly pocketed a profit of $150 million.

Liberty was founded by Malone and has ownership stakes in a wide array of cable-TV programmers and systems.

According to the Atlanta Journal-Constitution, the so-called "cash-rich split off" deal that Liberty and Time Warner are discussing would allow them to avoid or defer taxes.

Liberty would transfer its roughly 100 million shares of Time Warner, worth about $1.7 billion based on Friday's close, to Time Warner.

In return, Liberty would receive the Braves, valued recently at $405 million by Forbes magazine. Liberty would also receive cash from Time Warner to make up the difference between the $1.7 billion and the value that the companies place on the Braves, which could be well above the Forbes estimate.

The Denver Post asked tax expert Robert Wiegand of Greenwood Village-based Wiegand Attorneys and Counselors to discuss what Liberty might do. Liberty would likely put the cash and the Braves into a new subsidiary, he said.

"As long as (Malone) leaves the cash in the company and continues to run that separate business, it's not a taxable transaction," Wiegand said.

If Liberty unloaded the Braves too soon, the Internal Revenue Service would view the sale as "part of the plan" all along and it would be taxed, said Atlanta-based corporate tax expert Frank Crisafi, a partner at law firm Powell Goldstein.

Wiegand said the "cash-rich split off" option has been around since at least the 1950s. Liberty used the tactic before as part of an asset swap with Comcast Corp. in 2004.

During an earnings conference call last week, Time Warner chief executive Dick Parsons said the company is "hopeful" that a deal will be reached.

But there are some obstacles.

A sale of the Braves would require approval from Major League Baseball, league spokesman Pat Courtney said Friday. He declined to comment on the league's stance on the deal.

Some Braves players have voiced concerns about the team being transferred to a company without strong local ties.

"If a guy who has a personal interest in the Braves buys the team, he's more apt to take the money that he makes off the team and put it right back into the team - such as Ted (Turner) did," Braves third baseman Chipper Jones told The Associated Press. "Time Warner didn't do that. Obviously, selling out to (Liberty Media), I don't see things being any different."

Arthur Blank, owner of pro football's Atlanta Falcons and a founder of Home Depot, has expressed interest in acquiring the Braves from Time Warner.

Separately, Liberty is also in "advanced discussions" to sell its 50 percent stake in Court TV to Time Warner.

http://www.denverpost.com/business/ci_3796152
 

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Liberty eyes giving Turner extra inning

If Liberty Media acquires the Atlanta Braves, chairman John Malone says he'd get ex-Braves owner Ted Turner involved.

Liberty Media chairman John Ma lone "would love to have" former Atlanta Braves owner Ted Turner involved with the baseball team, should Liberty acquire it from Time Warner.

"We have a long history with Ted," Malone said after Liberty's annual shareholders meeting Tuesday morning. "We would love to have him involved. If for nothing else, he's great at a party."

Phillip Evans, a spokesman for Turner Enterprises, said Turner hasn't been contacted by Liberty.

"There have not been any discussions about his involvement with the Braves organization if the team sold," Evans said.

Turner, the founder of CNN, ceded ownership of the team in 1996 when he sold Turner Broadcasting to Time Warner. He stepped down from Time Warner's board of directors this year.

Although speculation has circulated that Douglas County-based Liberty is near a deal to acquire the Braves from Time Warner in an asset swap, Malone would not provide details Tuesday. He said, however, that Liberty is interested in the Braves.

"We have a strong affection for the Braves," he said. "Major League Baseball has been a great business and a great investment for people who have invested in it for many years."

The value of the Braves has ranged from $299 million in 1998 to $424 million in 2002 and is currently $405 million, according to Forbes magazine.

Malone said Liberty would make "every effort for continuity" should the company acquire the team.

Liberty owns a 4 percent stake in New York-based Time Warner, worth about $3 billion. Time Warner, in an effort to regain some of its stock from Liberty, has been talking with Liberty about swapping its stock for cash and assets. Liberty is interested in the Braves mainly as a way to defer taxes.

Liberty is also in discussions to sell its 50 percent stake in Court TV to Time Warner. Greg Maffei, Liberty president and chief executive, said Time Warner has several assets that would be attractive to Liberty.

"But the thing is finding some assets that Time Warner would be a seller of," he said.

"They're not in the business of giving away value," Malone said.

Also at the meeting:

Liberty shareholders voted to approve a proposal that would create two tracking stocks - Liberty Interactive and Liberty Capital - allowing investors to buy into separate parts of the company.

Malone said there was frustration "in the lack of stock performance" among Liberty analysts and shareholders.

In creating the division of assets, Liberty "would be able to identify where the market is undervaluing our stock," Malone said.

Assets under Liberty Interactive include Provide Commerce and QVC. Liberty Capital would include Starz Entertainment Group LLC and On Command Corp.

Malone said he wants to maintain his flexibility when it comes to Liberty's News Corp. holdings, and an existing poison pill designed to ward off takeovers limits that flexibility. Liberty owns 18 percent of News Corp. voting stock, and the poison pill was put in place as Liberty's holdings grew.

http://www.denverpost.com/business/ci_3803242
 

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