- 20 - 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 atPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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