- 18 - a contractual allocation to a covenant not to compete. See, e.g., Schulz v. Commissioner, 294 F.2d 52, 56 (9th Cir. 1961), affg. 34 T.C. 235 (1960); Landry v. Commissioner, 86 T.C. 1284, 1307 (1986). The economic reality of a transaction, rather than the form in which it is cast, governs for Federal income tax purposes. Hamlin's Trust v. Commissioner, supra at 764; Landry v. Commissioner, supra. In order for a contractual allocation to be upheld, it must be shown to have some independent basis in fact or some arguable relationship with business reality such that reasonable men, genuinely concerned with their economic future, might bargain for such an agreement. Schulz v. Commissioner, supra. In this case, respondent determined that the realities of the transaction are different from the form in which the seller and petitioner clothed the transaction. Id. Respondent determined that the payments purportedly for the seller's covenant not to compete were "inseparable from the total purchase price" and disallowed the deduction. We find that petitioners have not met their burden of proving that the covenant not to compete had economic reality. See Rule 142(a). In view of the seller's age and health problems, and the other facts and circumstances of this case, we are not persuaded that petitioners have proven that the covenant had any independent basis in factPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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