Dharma Enterprises - Page 36

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               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 paid              


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