- 16 - v. United States, 355 F.2d 319, 325 (9th Cir. 1966); Annabelle Candy Co. v. Commissioner, 314 F.2d 1, 7-8 (9th Cir. 1962), remanding T.C. Memo. 1961-170; Schulz v. Commissioner, supra at 54; Peterson Machine Tool, Inc. v. Commissioner, 79 T.C. 72, 85 (1982), affd. 84-2 USTC par. 9885, 54 AFTR 2d 84-5407 (10th Cir. 1984); Major v. Commissioner, 76 T.C. 239, 251 (1981); O'Dell & Co. v. Commissioner, supra; Rudie v. Commissioner, 49 T.C. 131, 139 (1967); Levinson v. Commissioner, 45 T.C. 380, 389 (1966). a. Grecco's Ability to Compete Respondent concedes that Grecco had the physical and mental ability to compete with petitioner. However, respondent argues that Grecco would not have been able to take much business from petitioner if she had competed. We disagree. We think Grecco's past success in cofounding petitioner shows she has the ability to compete, and that she knows how to surround herself with the necessary personnel to establish a successful business. We conclude that Grecco would have been a good competitor. This factor favors petitioner. b. Grantor's Intent to Compete If the grantor would likely compete with the buyer, we are more likely to sustain an allocation to the covenant. Sonnleitner v. Commissioner, supra (among other factors, grantor had threatened to compete). In contrast, if the grantor is unlikely to compete with the buyer, courts are less likely toPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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