Heritage Auto Center, Inc. - Page 2

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          respondent for 1988 and 1989 are $78,759 and $245,068,                      
          respectively.                                                               
               All section references are to the Internal Revenue Code in             
          effect for the taxable years in issue, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure, unless                
          otherwise indicated.                                                        
               After an agreement between the parties,1 the issue for                 
          decision is whether petitioner is entitled to deductions for                
          amortization of amounts paid to William Wright for a                        
          noncompetition and consulting agreement.  We hold that it is to             
          the extent set out below.                                                   
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated.  The stipulated                
          facts and the accompanying exhibits are incorporated into our               
          findings by this reference.  At the time of the filing of the               
          petition, petitioner, Heritage Auto Center, Inc., maintained its            
          principal place of business in Gladstone, Oregon.                           
               During the years at issue, petitioner had four shareholders:           
          E.W. Richardson, Bob Turner, Kenneth Blewett, and Wade Zellner              
          (Mr. Richardson, Mr. Turner, Mr. Blewett, and Mr. Zellner).  At             
          the date of trial, each one of these individuals had significant            
          experience in the automobile dealership business.  Mr. Richardson           
          had been in the automobile dealership business for approximately            

          1    We leave it to the parties to include their agreed adjustments in their
          Rule 155 computations.                                                      




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