3 was whether payments petitioner made to Jane Grecco (Grecco) were for a covenant not to compete, as petitioner contended, or were for her stock in petitioner. Petitioner had a stock purchase agreement with its officers, including Grecco, which gave petitioner the option to repurchase its stock owned by a terminated employee. The agreement included a formula setting the purchase price for the stock. Grecco negotiated a financial settlement with petitioner under which petitioner paid Grecco $513,400 when she ceased working for petitioner. Petitioner treated $130,000 of this amount as payment for Grecco's stock in petitioner and $383,400 as payment for the covenant not to compete. Petitioner amortized $383,400 for the covenant not to compete over 3 years. Respondent prepared an Engineering and Valuation report, dated July 31, 1992, which concluded that Grecco's stock in petitioner was worth $739,000 on June 30, 1988, and the covenant not to compete was worth $0. Respondent disallowed petitioner's amortization deductions in full in the notice of deficiency sent on July 15, 1993. On April 18, 1994, petitioner's expert concluded that Grecco's stock was worth $190,000. Petitioner's expert prepared a stock valuation report, a copy of which respondent received on June 24, 1994. On August 22, 1994, respondent's expert concluded that Grecco's stock was worth $188,600 and that the covenant not to compete was worth $52,669. On September 27, 1994, the partiesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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