9 Respondent argues that Grecco was not concerned with the allocation of the purchase price between her stock in petitioner and the covenant not to compete, and that she was only concerned with the total amount she would receive when she left petitioner. None of these points establish that respondent had a basis in fact for continuing to contend, after August 22, 1994, that the covenant not to compete was worth $52,669. Respondent had petitioner's expert's report on June 24, 1994 (3 months before trial), and had respondent's expert's report on August 22, 1994 (one month before trial). Respondent did not concede that the covenant was worth $324,100 (or any amount more than $52,669) despite the fact that (a) petitioner's expert said that Grecco's stock in petitioner was worth $190,000, respondent's expert said it was worth $188,600, and the parties agreed that the stock was worth $189,300, and (b) respondent presented no fact or theory to support the conclusion that petitioner paid the remaining $324,100 ($513,400 - 189,300 = $324,100) to Grecco for anything other than the covenant not to compete. Respondent did not offer a reasonable theory for why the covenant not to compete was worth less than $324,100. Respondent's failure to reevaluate that position after August 22, 1994, was unreasonable. Frisch v. Commissioner, 87 T.C. 838, 841 (1986) (the Commissioner's valuation position was unreasonable where the Commissioner had the taxpayer's appraisal for 7 months before trial and did not investigate further or reevaluate the Commissioner's own positionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011