- 36 - After considering the above factors, we find that the covenant had economic reality and assign an appropriate value to it. DM had the ability and expertise to enter into the commercial printing business. DM stopped printing for commercial customers in 1985 and sold printing equipment to petitioner. However, DM continued to print and publish Tibetan Buddhist texts and art. DM's reputation as a Buddhist printer could easily translate into a commercial printing business. In addition, DM had the necessary expertise, equipment, skilled personnel, and contacts with suppliers to become a commercial printer. Moreover, DM could adversely affect petitioner's business if DM competed with petitioner. On the other hand, performing commercial printing would jeopardize DM's tax-exempt status and distract from its Buddhist traditions. We believe that DM may have reentered the commercial printing business in the absence of the payments from petitioner. We hold that royalty payments in the amounts of $265,000, $250,000, and $240,000 for the years in issue, respectively, are reasonable compensation for the licensed assets and DM's covenant not to compete. Petitioner contends that the disallowed portion of the royalty payments is deductible under section 162 as payments made to a charitable organization in expectation of commensurate financial benefit. Sec. 1.170A-1(c)(5), Income Tax Regs. However, petitioner did not have a reasonable expectation of financial return in the amount of the payments because it paidPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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