- 9 - dispute the adjustments in the notice of deficiency and claim that they overpaid income taxes by $888 for 1988, $11,247 for 1989, and $1,363 for 1991. II. OPINION A. Covenant Not To Compete 1. Petitioners' Contentions Cost Less amortized over 7 years all of the $175,000 payment it made to Jasiak to buy Jasiak's stock. Petitioners now contend that Cost Less may amortize only $165,000 of the $175,000 (i.e., the difference between $175,000 and what petitioners contend is the $10,000 book value of Jasiak's Cost Less stock). In the alternative, petitioners contend that Cost Less may amortize amounts based on the value of the covenant not to compete. Petitioners point out that Jasiak orally promised that he would not compete against Cost Less around the time Cost Less agreed to buy Jasiak's stock. Petitioners contend that the amounts paid by Cost Less to Jasiak were consideration for Jasiak's oral promise not to compete. 2. Analysis A taxpayer may amortize a covenant not to compete from a departing shareholder if the parties intended that some of the payment from the business to the departing shareholder was for the covenant, and the amount agreed to be paid for the covenant reflected economic reality. See Patterson v. Commissioner, 810Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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