- 34 - a. The Danielson Rule In Danielson, the Court of Appeals for the Third Circuit held that a party to a contract allocating part of the purchase price to a covenant not to compete can challenge the tax consequences of that agreement only by presenting proof which would be admissible in an action between the parties to the agreement to alter that construction or to show its unenforceability because of mistake, undue influence, fraud, or duress. Commissioner v. Danielson, supra at 775. Not all Courts of Appeals have adopted the Danielson rule. We do not apply it unless the Court of Appeals to which a case could be appealed has adopted it. Elrod v. Commissioner, 87 T.C. 1046, 1065-1066 (1986); Coleman v. Commissioner, 87 T.C. 178, 202 (1986), affd. without published opinion 833 F.2d 303 (3d Cir. 1987); Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445 F.2d 985 (10th Cir. 1971). This case is appealable to the Court of Appeals for the Ninth Circuit. That Court of Appeals has not adopted the Danielson rule.2 Therefore, we do not apply it in cases appealable to that Court of Appeals. 2 The Court of Appeals for the Ninth Circuit cited Commissioner v. Danielson, 378 F.2d 771 (3d Cir. 1967), revg. and remanding 44 T.C. 549 (1965), in Throndson v. Commissioner, 457 F.2d 1022, 1025 (9th Cir. 1972), affg. Schmitz v. Commissioner, 51 T.C. 306 (1968). In Throndson, the Court of Appeals did not decide whether the Danielson rule applied because there was no binding contract, which is required to apply the Danielson rule.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011