- 7 - In connection with the sale of Harmony Foods to Glico, petitioner, Harmony Foods, and MEI entered into an agreement accelerating the amounts due as minimum commission and noncompete payments. Before the sale of Harmony Foods to Glico, petitioner received $200,000 as commissions pursuant to paragraph 4.B of the employment agreement and $500,000 in noncompete payments. During June, July, and August 1990, petitioner attempted to collect additional commissions. When he contacted MEI he was told to speak with Glico, and when he contacted Glico, he was told to speak with MEI. In mid-December 1990, petitioner was informed during a meeting with Yasuaki Aoki, the Chief Executive Officer of Glico, that Glico would not make any further payments to him pursuant to paragraph 4.B of the employment agreement. Petitioner's employment with Glico was terminated shortly after this meeting. Petitioners claimed a $500,000 bad debt deduction on a Schedule C attached to their 1990 Federal income tax return based on petitioner's failure to receive any more than $200,000 pursuant to paragraph 4.B of the employment agreement.3 Respondent disallowed the deduction. We agree with respondent. 3 Petitioner did not claim the entire $700,000 difference between the minimum payment received and the maximum payment allowable because at that time he believed he might be able to collect additional commission payments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011