- 22 - taking place in each of the first 3 years after the sale. The end result was that Mr. Mitchell valued the noncompete agreements, in the aggregate, at $2,464,752, which he rounded up to $2.5 million. Effect of Employment Agreements on Valuation Respondent's main argument5 against the petitioners' expert valuation of the noncompete agreements is that the employment agreements entered into by Holliday and Beaurline effectively prevented any possibility of competition for the year they were in effect. Once the possibility of competition is eliminated for the first year after the sale, respondent argues that even petitioners' expert calculations would only support a value of $400,000 for the noncompete agreements (the highest risk of competition coming in the first year after the sale). Respondent is mistaken. We dealt with this argument in Peterson Mach. Tool, Inc. v. Commissioner, 79 T.C. 72, 85 (1982) affd. 54 AFTR 2d 84-5407, 84- 2 USTC par. 9885 (10th Cir. 1984): The fact that Moses [grantor of the covenant] signed an employment contract with Peterson, Inc., for the duration of his covenant not to compete is entitled to weight, but is not determinative. Maseeh v. Commissioner, 52 T.C. 18, 23 (1969). There was always 5 Incredibly, respondent argues that petitioners' expert report should be ignored since it "was prepared for tax purposes and for this specific litigation." We should hope so. See Rule 143(f). Respondent's expert report was prepared under like circumstances.Page: 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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