- 11 - thereunder specifically allocated $76,000 of the purchase price paid by Donald C. Chiappetti to the "Covenant Not to Compete executed by Dr. Donald L. Chiappetti" (emphasis added), that is to say, to the agreement of petitioner, and not CPC, to refrain from practicing dentistry and from soliciting its patients as provided therein. Neither that exhibit nor any other provision in the purchase contract allocated $76,000 (or any other portion of the purchase price) to what petitioners' claim was CPC's obligation to refrain from soliciting its patient base. In fact, there is no reference whatsoever in the purchase contract to an item called a "patient base" of CPC.6 Petitioners also argue that, because the $125,000 that Donald C. Chiappetti paid under the purchase contract, including the $76,000 that was allocated by that contract to the covenant not to compete, was paid to CPC, and not to petitioner, the covenant not to compete was an asset of CPC. We disagree. Regardless who received the income attributable to the covenant not to compete, the true earner of that income is liable for the tax on it and cannot escape that tax by assigning the income to another taxpayer. See Lucas v. Earl, 281 U.S. 111 (1930). In the instant case, petitioner in his individual capacity, and not 6 We note that sec. 4 of the purchase contract and exhibit A attached thereto allocated $5,000 of the $125,000 purchase price to an item described as "Goodwill" and $5,000 to an item de- scribed as "Patient Records" in sec. 4 and as "All patient and office records belonging to CPC" in exhibit A.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011