- 10 - Petitioner was fearful that Mr. Markley would be a competitive threat by (1) acquiring a new Jeep-Eagle franchise in a suburb of Oklahoma City (as he had done when he was a Ford dealer in Yukon) (2) acquiring an existing Jeep-Eagle dealership or (3) going to work for an existing competitor. The covenant not to compete is for a 3-year term and covers Oklahoma, Canadian, Logan, Pottawatomie, Lincoln, and Cleveland Counties. The covenant not to compete does not preclude seller and/or Mr. Markley from competing with petitioner in Kingfisher County, which county is adjacent to Oklahoma County and is less than 15 miles from petitioner's automall, from competing with petitioner by working for or with any dealership, including Jeep- Eagle, for compensation of less than $100,000 per year, or from competing with petitioner by obtaining any franchise other than Jeep-Eagle. Deductions for Amortization For the taxable years 1990, 1991, and 1992, petitioner deducted $163,000, $163,500, and $163,500, respectively, as amortization of the covenant not to compete. Respondent's Notice of Deficiency In the notice of deficiency dated February 2, 1995, upon which this case is based, respondent disallowed petitioner's deduction for amortization of the covenant not to compete for the taxable years 1990 and 1991 to the extent of $121,330 for each year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011