- 20 - The Tax Reform Act of 1986, Pub. L. 99-514, sec. 101(a), 100 Stat. 2085, 2096, eliminated the tax rate differential between ordinary income and capital gains. Staff of Joint Comm. on Taxation, General Explanation of the Tax Reform Act of 1986, at 178, 181 (J. Comm. Print 1987). This lack of a tax rate differential continued through the years at issue. Sec. 1(a), (j). In the case at bar, respondent has noted this lack of a tax rate differential, and she argues that the buyers and Mr. Wright did not have adverse tax interests when negotiating the allocations which are the subject of this case. We agree. Accordingly, we strictly scrutinize these allocations. Schulz v. Commissioner, supra; Buffalo Tool & Die Manufacturing Co. v. Commissioner, supra at 447-448; Lemery v. Commissioner, supra at 376. In this case, the consulting agreement and the covenant not to compete were integrated into a single agreement. We will consider the consulting agreement and the covenant not to compete separately to determine whether the payments were for the purposes designated by the parties. a. Consulting Agreement Petitioner asserts that it should be entitled to claim deductions for the amortization of the purchase price of the consulting portion of the final agreement (consulting agreement). Respondent determined that the allocation to the consultingPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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