Phillip M. Welch and Dorothy Ellen Welch - Page 12

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             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 the                 




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