Jack Carson Coleman - Page 5

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          before death, and (4) which were received by the taxpayer as the            
          decedent’s successor in interest.”  Kitch v. Commissioner, supra            
          at 10; see sec. 691(a); sec. 1.691(a)-1(b), Income Tax Regs.  IRD           
          must be included in the gross income of a person “who acquires              
          from the decedent the right to receive the amount by bequest,               
          devise, or inheritance, if the amount is received after a                   
          distribution by the decedent’s estate of such right.”  Sec.                 
          691(a)(1)(C); see sec. 1.691(a)-2(a)(3), Income Tax Regs.                   
               We conclude that the payments received by petitioner in                
          accordance with the agreement constitute IRD under section                  
          691(a).  First, payments received in accordance with an agreement           
          not to compete are includable in gross income.  See Kinney v.               
          Commissioner, 58 T.C. 1038, 1041-1042 (1972); Rev. Rul. 69-643,             
          1969-2 C.B. 10.  Second, the agreement vested decedent with a               
          legally enforceable right to receive monthly payments over a 10-            
          year period.  Third, the value of the unexpired portion of the              
          agreement was not included in decedent’s gross income before his            
          death.  Lastly, decedent’s estate distributed, and petitioner               
          became a successor in interest to, one-third of the unexpired               
          portion of the agreement.  Accordingly, we hold that the payments           
          received by petitioner constitute IRD and are includable in                 
          petitioner’s gross income for his 1999 tax year.                            
               The character of an item of IRD to the successor is the same           
          character as the item would have had in the decedent’s hands “if            






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