- 12 - Missouri, Kansas, Illinois, Tennessee, Mississippi, Wyoming, Colorado, New Mexico or Utah" for the 3-year period commencing November 1, 1987. No one other than Beaurline and Holliday was offered a noncompete agreement. Also on October 29, 1987, State Supply executed employment agreements with Beaurline and Holliday. Under the employment agreements, neither Beaurline nor Holliday had the authority or responsibility without prior approval of the board of directors to hire or fire employees, determine employee compensation, or make capital expenditures. The employment agreements could be terminated without cause by State Supply, and specifically acknowledged the existence of the noncompete agreements. The employment agreements provided that: The Employee shall devote his entire time, attention and energies to the Employer's business and shall not during the term [one year] of his employment be engaged in any other business activity whether or not such business activity is pursued for gain, profit, or other pecuniary advantage. * * * State Supply's Deductions for Amortization of Noncompete Agreements State Supply, on its U.S. Income Tax Return for an S Corporation (Forms 1120S), claimed amortization deductions for the noncompete agreements as follows: Taxable Year Deduction Claimed 1987 $166,667 1988 958,333 1989 673,560 1990 548,560Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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