- 2 - All section references are to the Internal Revenue Code of 1986 as amended and in effect during the years in issue. All Rule references are to the Tax Court Rules of Practice and Procedure. References to petitioner are to Phillip M. Welch. After concessions, the issues for decision are: (1) Whether petitioners are entitled to deduct payments made pursuant to an agreement between petitioner and Mr. A.C. Rahill, under which Mr. Rahill transferred his accounting practice to petitioner, on the theory that the payments represent the amortized cost of a covenant not to compete or a client list; and (2) whether petitioner is liable for the accuracy-related penalty determined by respondent pursuant to section 6662(a). FINDINGS OF FACT At the time petitioners filed the instant petition, they resided in Oklahoma City, Oklahoma. Petitioners were husband and wife during 1989 and filed a joint Federal income tax return for that year. They separated during 1990, and petitioner filed a separate return for that year. Petitioners used the cash receipts and disbursements method of accounting to report income and expenses on both returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011