- 16 - In 1995, petitioner's assets and liabilities were sold to Young Innovations (Young), an international supplier of dental products, for approximately $15.2 million. The acquired assets included cash in petitioner's possession of $1.7 million and corresponding liabilities were $2.4 million. Simultaneously, Richard Nemanick entered into an employment and noncompetition agreement with Young. In the process, he also entered into a consulting agreement which included a nondisclosure provision. However, Leck did not execute a noncompete agreement in favor of Young. OPINION In this instance, the dispute here centers on how much, if any, petitioner may amortize for the covenant not to compete and the related secrecy agreement. Stated in a different manner, the issue for our decision is whether any portion of the $2 million and $1 million paid to Scherer pursuant to the 1989 transaction is properly allocable to the covenant not to compete and the secrecy agreement, respectively. Respondent asserts that the payments pursuant to the agreements were, in substance, payments for the sale of nonamortizable goodwill or going-concern value. Petitioner argues that such deductions are allowable. In this regard, petitioner bears the burden of proof. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011