- 13 - Jasiak knew the auto parts business well and that he started another auto parts store in 1975, which was open for about 1-1/2 years, shows that the covenant not to compete had value. Petitioners contend that the value of the covenant not to compete is $175,000 less the book value of Cost Less which petitioners contend is $10,000. We disagree. We believe Jasiak's oral promise to Cost Less not to compete had little or no value. The fact that Jasiak opened another auto parts store in 1975, which was open 1-1/2 years, does little to show he was a competitive threat to Cost Less when he wanted to retire in 1986. The auto parts business was highly competitive. It is not clear whether his oral promise included a specific duration or geographic area. His oral promise provided for no consideration. Thus, it may not have been enforceable. See Amex Distrib. Co. v. Mascari, 724 P.2d 596, 601 (Ariz. Ct. App. 1986); American Credit Bureau, Inc. v. Carter, 462 P.2d 838, 840 (Ariz. Ct. App. 1969). If we knew the fair market value of Jasiak's Cost Less stock, and we knew that the $175,000 payment was intended to be made for both the stock and a covenant not to compete, then, as petitioners request, we might be able to derive the value of the covenant. See, e.g., Annabelle Candy Co. v. Commissioner, supra at 7-8; Beaver Bolt, Inc. v. Commissioner, T.C. Memo. 1995-549; Standard Lumber & Hardware Co. v. Commissioner, T.C. Memo. 1958-Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011