- 8 - Rahill agrees that the payments to be received under paragraph (2) of this Agreement are payments for his Covenant Not to Compete and agrees that he will report the payments for the Covenant Not to Compete as “ordinary income” for the purposes of federal income tax reporting. The agreement and the rights prescribed thereunder were expressly made nonassignable by petitioner. However, the agreement provided that Mr. Rahill contemplated assignment of his rights under the agreement and that petitioner approved of the assignment. After entering into the agreement, Mr. Rahill assigned his right to receive the payments under the agreement to the A.C. Rahill Irrevocable Family Trust (family trust). The record does not reveal the terms of the family trust. Petitioner made all of his payments under the agreement to the family trust. Petitioner prepared the family trust's income tax returns. Petitioner paid the following amounts to Mr. Rahill's family trust under the agreement: Tax Year Amount Paid 1987 $7,607 1988 40,680 1989 39,519 1990 41,900 1991 31,519 Total 161,225Page: 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