Hospital Corporation of America and Subsidiaries - Page 36

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               In Danielson, the court bound the taxpayer to the terms of             
          an agreement for the sale of his business that allocated a                  
          specific portion of the sales price to a covenant not to compete.           
          Commissioner v. Danielson, supra at 778.  Courts, however, have             
          applied the Danielson rule beyond the confines of allocations of            
          payments to a covenant not to compete.  E.g., Schatten v. United            
          States, supra at 321-322 (6th Cir. 1984) (per curiam) (whether              
          payments from taxpayer's ex-husband were for property settlement            
          or alimony); Bradley v. United States, 730 F.2d 718, 720 (11th              
          Cir. 1984) (whether funds received from real property purchaser             
          were interest income or payments on a continuing option); Spector           
          v. Commissioner, 641 F.2d 376, 382 (5th Cir. 1981), revg. 71 T.C.           
          1017 (1979) (whether transaction in which taxpayer surrendered              
          his partnership interest in an accounting firm was a sale or a              
          liquidation); Coleman v. Commissioner, supra at 202 (whether the            
          taxpayers had a depreciable interest in certain computer                    
          equipment involved in computer leasing arrangements).                       
               In refusing to permit the taxpayer to disavow the                      
          allocations specified in the contract, the court in Danielson               
          stated that the policy considerations for the rule were the                 
          desire to avoid a unilateral reformation of a contract which                
          could lead to possible unjust enrichment of one of the parties to           
          the contract; a concern for predictability in allocating the tax            








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