Sharewell, Inc. - Page 2




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                                             Accuracy-Related                         
               Fiscal Year Ended   Deficiency     Penalty Sec. 6662(a)                
               March 31, 1991      $8,500              $1,700                         
               March 31, 1992      34,000              6,800                          
               Unless otherwise noted, all section references are to the              
          Internal Revenue Code in effect for the years in issue.                     
               We must decide the following issues:                                   
               (1) Whether there was a valid covenant not to compete                  
          between petitioner and Thomas Wagner, entitling petitioner to               
          amortization deductions for the cost of the covenant.  We hold              
          that there was a valid covenant not to compete and that                     
          petitioner is entitled to amortization deductions.                          
               (2) Whether petitioner is liable for the accuracy-related              
          penalties as determined by respondent.  We hold that petitioner             
          is not liable.                                                              
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  We           
          incorporate by this reference the stipulation of facts, first               
          supplemental stipulation of facts, and attached exhibits.1  At              
          the time of filing the petition, petitioner was incorporated                
          under the laws of Delaware with its principal place of business             
          in Houston, Texas.                                                          


               1 At trial, respondent withdrew hearsay objections to                  
          several of the exhibits attached to the stipulations.                       




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