Vena Marilyn Wofford - Page 16

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          taxpayers could not include the amount of the obligations in                 
          computing the cost bases of the lists.                                       
               Petitioner's attempt to distinguish Wakefield v.                        
          Commissioner, supra, is not persuasive.  Petitioner contends that            
          it is significant the payments therein were based on a percentage            
          of sales, whereas her payments were to be a fixed monthly sum.               
          The crucial factor, however, is the same in both cases:  an                  
          obligation would only arise if commissions were earned.                      
               We find that petitioner's liability under the agreement was             
          contingent, and, therefore, no amount of the obligation may be               
          included in computing her cost basis.  Thus, petitioner has not              
          established that the cost basis of her interest in the customer              
          lists exceeded her cash payments.  In her notice of deficiency,              
          respondent allowed petitioner deductions for the amount of the               
          cash payments in the taxable years in issue.3  Therefore, we need            
          not address respondent's argument that petitioner acquired                   
          franchise rights.                                                            
               Based on the disallowance of a portion of petitioner's                  
          amortization deductions for tax year 1988 and 1989, and the                  
          disallowance of such deductions in 1990 and 1991, respondent                 
          determined that petitioner did not sustain net operating losses              
          in any of the years in issue.  Thus, as a result of our decision             



          3    Respondent determined that petitioner made payments of                  
          $15,024.58 in 1989.  We find that petitioner made payments of                
          $16,424.58.                                                                  




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