- 16 - the covenant or upon the death of the grantor; and (k) the existence of active negotiations over the terms and value of the covenant not to compete. Molasky v. Commissioner, 897 F.2d 334, 337 (8th Cir. 1990) affg. in part and revg. in part T.C. Memo. 1988-173; Warsaw Photographic Associates, Inc. v. Commissioner, 84 T.C. 21 (1985); Furman v. United States, 602 F. Supp. 444 (D.S.C. 1984) affd. without published opinion 767 F.2d 911 (4th Cir. 1985); see Beaver Bolt, Inc. v. Commissioner, T.C. Memo. 1995-549 and cases cited therein. a. Grantor's Business Expertise Respondent concedes that Holliday and Beaurline had considerable experience in the beauty supply business. The record is replete with evidence that Holliday and Beaurline had the business experience necessary to compete effectively. b. Grantor's Intent to Compete Beaurline and Holliday discussed whether they should agree to covenants not to compete. They decided that noncompete agreements would be acceptable only if the "price was right" for removing themselves from the beauty supply business for 5 years. Beaurline credibly testified that he probably would have gone back into the beauty supply business after the sale of State Supply. c. Grantor's Economic Resources to Compete Holliday received approximately $1,850,000 and Beaurline approximately $1,240,000 from their sale of stock in StatePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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