- 15 - interests as to the allocation to the covenant. Respondent made no argument that the difference between petitioner's payment ($513,400) and the agreed value of the stock ($189,300) was payment for anything other than the covenant not to compete. These facts suggest that the value of the covenant was $324,100, the difference between the total amount petitioner paid Grecco ($513,400) and the value of the stock ($189,300). 3. Economic Reality of the Covenant Not to Compete A value of $324,100 for the covenant is entirely supported by the record in this case. Courts apply numerous factors in evaluating a covenant not to compete. These include: (a) The seller's (i.e., covenantor's) ability to compete; (b) the seller's intent to compete; (c) the seller's economic resources; (d) the potential damage to the buyer posed by the seller's competition; (e) the seller's business expertise in the industry; (f) the seller's contacts and relationships with customers, suppliers, and other business contacts; (g) the buyer's interest in eliminating competition; (h) the duration and geographic scope of the covenant; and (i) the seller's intent to reside in the same geographic area. Kalamazoo Oil Co. v. Commissioner, 693 F.2d 618 (6th Cir. 1982), affg. T.C. Memo. 1981-344; Forward Communications Corp. v. United States, 221 Ct. Cl. 582, 608 F.2d 485, 492 (1979); Sonnleitner v. Commissioner, 598 F.2d 464, 468 (5th Cir. 1979), affg. T.C. Memo. 1976-249; Fulton Container Co.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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