- 12 - Except for the amount of the deduction, respondent's explanation in the 1990 notice of deficiency is identical to that quoted above. OPINION Petitioner agreed to "assume" the seller's accounting practice, which was composed of 206 enumerated clients, and to pay the seller 25 percent of the monthly receipts from those clients during a 48-month period. In a separate agreement, petitioner leased the seller's office equipment for a term of 4 years and agreed to pay $500 per month. Petitioner also took over the seller's office by leasing it directly from the landlord, and he hired the seller's employees. Petitioners claim to be entitled to deduct the monthly payments that petitioner made to the seller during 1989 and 1990 in the amounts of $39,519 and $41,900, respectively. Petitioners claim that the deductions are proper under section 167(a)(1) on the ground that they represent the amortized cost either of the seller's covenant not to compete contained in the agreement or, alternatively, the amortized cost of the seller's client list. Petitioners' preferred theory is that the subject payments were made in consideration of the covenant not to compete, the useful life of which is established by the term of the agreement, 48 months. Petitioners argue in the alternative that thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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