Phillip M. Welch and Dorothy Ellen Welch - Page 8

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                       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     161,225                                          







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