Vena Marilyn Wofford - Page 15

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          that the fair market value of the rights acquired by petitioner              
          and claimed by her as a cost basis was equal to $588,019.52, the             
          total amount which was to be withheld from her commissions                   
          according to the agreement.  Moreover, the withholdings were                 
          contingent on her success in earning commissions.  She has failed            
          to establish that any amount approximating the $588,019.52 was               
          likely to be paid.                                                           
               Further, the material facts in this case are virtually                  
          identical to the facts present in Wakefield v. Commissioner, T.C.            
          Memo. 1995-318.  In that case, the taxpayers as Safeguard                    
          distributors claimed deductions for amortization with respect to             
          certain customer lists acquired in connection with their                     
          distributorships.  The taxpayers did not make any cash payments              
          when they signed their distributorship agreements.  Safeguard was            
          to withhold 30 percent of the taxpayers' commissions on the sale             
          of Safeguard products to be applied against the purchase price of            
          customer lists.  The taxpayers were not liable for any payments              
          once they ceased to be Safeguard distributors.  The Court found              
          that the taxpayers' obligations were nonrecourse and contingent              
          on their success in earning commissions.  Id.  In addition, the              
          Court found that the taxpayers had not established that the fair             
          market value of the lists was equal to their stated purchase                 
          price, nor had they established that payment of the obligations              
          was likely.  Id.  Therefore, the Court concluded that the                    






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