- 14 - After operating the Suzuki dealership for a short time, petitioner terminated the Suzuki franchise because of adverse consumer reports concerning Suzuki automobiles. Heritage Suzuki, Inc., discontinued operations as an authorized Suzuki dealer during January 1989, and it was merged into petitioner on March 22, 1989. Thereafter, petitioner used the Heritage Suzuki facilities for repair services and the sale of used vehicles and parts. On the E.W. Richardson Dealerships' combined financial statements dated December 31, 1988, and on petitioner's separate financial statements dated December 31, 1989, and December 31, 1990, payment for the final agreement was treated as payment for goodwill and was amortized on a straight-line basis over 40 years. However, the financial statement treatment was not consistent with petitioner's income tax treatment of the transaction. The $675,000 allocated to the covenant not to compete was prepaid at closing. The $675,000 allocated to the consulting agreement was also prepaid at closing. Petitioner attached Form 8594, Asset Acquisition Statement Under Section 1060, to its Federal income tax return, Form 1120, filed for the taxable year 1988. On that form, petitioner reported $675,000 for the covenant not to compete and $675,000 for the consulting agreement as the fair market value of intangible, amortizable assets with useful lives of 3 years. OnPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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