- 18 - Based on our limited review of information provided to us, we allocated the $2,050,000 purchase, as follows: Trademarks $120,000 6% Non-competition 820,000 40% Goodwill 1,110,000 54% Total $2,050,000 100% Article IV, paragraph 3, of the purchase agreement contained the same allocation. In reporting its foreign and domestic source income for its taxable year ended February 28, 1989, petitioner followed the allocation contained in article IV of the purchase agreement. After allocating its selling expenses among the goodwill and trademarks sold to Duskin, petitioner reported $1,016,64313 of foreign source income from the sale of goodwill, $820,000 of foreign source income from the covenant not to compete, and $109,907 of U.S. source income from the sale of the trademarks. Petitioner did not allocate any of its selling expenses to the sale of the covenant not to compete. OPINION We must determine what portion, if any, of the gain on petitioner's sale of its Asian and Pacific Mister Donut operations constitutes foreign source income for purposes of 13The parties have stipulated that petitioner should have allocated selling expenses of $97,398 to goodwill, which would have produced income in the amount of $1,012,602.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011