- 36 - covenant at $620,000,22 almost $200,000 less than the amount allocated by petitioner in the purchase agreement with Duskin. Although expert opinions can assist the Court in evaluating a claim, we are not bound by the opinion of any expert and may reach a decision based on our own analysis of all the evidence in the record. Helvering v. National Grocery Co., 304 U.S. 282, 295 (1938); Silverman v. Commissioner, 538 F.2d 927, 933 (2d Cir. 1976), affg. T.C. Memo. 1974-285. Mr. Reilly computed the value of the covenant not to compete under the comparative business valuation method and a discounted net cash-flow analysis. Utilizing this comparative approach, Mr. Reilly computed Mister Donut's discounted net cash-flow under two scenarios. Scenario 1 assumed that the covenant was in place, and petitioner could not reenter the Asian and Pacific donut market. Scenario 2 assumed that the purchaser did not receive a covenant, and petitioner would reenter the market and compete. Mr. Reilly attributed the difference in the sum of Mister Donut's discounted net cash-flows under these two scenarios to the 22Mr. Reilly's report contained the following allocation: Asset Fair Market Value Non-compete agreement $620,000 Trade secrets and know-how 50,000 Trademarks and trade names 370,000 Existing franchise agreements 200,000 Goodwill 810,000 Total 2,050,000Page: 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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