Phillip M. Welch and Dorothy Ellen Welch - Page 2

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                  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.                                                                  





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