- 15 - Less stock is equal to its par value, or that the fair market value of Jasiak's Cost Less stock is $10,000 here. We conclude that there is no credible evidence that Jasiak's oral promise not to compete had any value. c. Whether To Estimate an Amount To Allocate to Jasiak's Promise Not To Compete Petitioners contend that we should apply the Cohan rule (enunciated in Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930)), to estimate an amount for Jasiak's promise not to compete if we decide that Cost Less may not amortize $165,000. We disagree. We may estimate an amount under Cohan if the taxpayer is entitled to deduct some amount. See id. Here, as discussed above at paragraph II-A-2-a, Cost Less may not deduct any amount for Jasiak's promise not to compete because Jasiak and petitioner intended to allocate none of the $175,000 payment to Jasiak's promise. Thus, Cohan does not apply. d. Cases Cited by Petitioners Petitioners contend that this case is indistinguishable from Standard Lumber & Hardware Co. v. Commissioner, supra, in which we permitted the taxpayer to amortize the cost of a covenant not to compete. Petitioners contend that Standard Lumber & Hardware Co. supports the proposition that Cost Less may allocate part of the $175,000 payment to Jasiak to a covenant not to compete despite the terms of the written agreement of sale. Petitioners also contend that Standard Lumber & Hardware Co. supports thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011