Carl Goudas and Marilyn Goudas - Page 20

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          583, 587-589 (6th Cir. 1993), affg. T.C. Memo. 1992-610, and does           
          not confine it to cases of allocation of payments to covenants              
          not to compete, Schatten v. United States, 746 F.2d 319, 321-322            
          (6th Cir. 1984).  Although this Court generally applies the                 
          "strong proof" rule originally enunciated in Ullman v.                      
          Commissioner, 29 T.C. 129 (1957), affd. 264 F.2d 305 (2d Cir.               
          1959), we are bound to apply the Danielson rule if we are                   
          satisfied that the Court of Appeals to which the case is                    
          appealable would do so, Golsen v. Commissioner, 54 T.C. 742                 
          (1970), affd. 445 F.2d 985 (10th Cir. 1971); Lardas v.                      
          Commissioner, 99 T.C. 490 (1992); Lang v. Commissioner, T.C.                
          Memo. 1993-474.                                                             
               In arguing that we should look beyond the express terms of             
          the purchase agreement, petitioners don't contend that the                  
          agreement was entered into under any mistake, undue influence,              
          fraud, duress, or the like.  Instead, petitioners dispute the               
          substance of the transaction, asserting that the purchase                   
          agreement alone doesn't express the reality of the transaction as           
          actually consummated by the parties.                                        
               We're satisfied that the Danielson rule doesn't confine                
          petitioner's tax treatment to the terms of the purchase                     
          agreement.  We so hold because the purchase agreement alone                 
          didn't reflect the entirety of the subsequently consummated                 
          transaction that actually occurred.  We have not only looked at             





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