- 28 - nontax considerations underlying the particular allocation of $300,000 to the covenant are probative regarding whether the allocation should be treated as bargained for by the parties, and on balance we are persuaded that it should, even under a standard of strict scrutiny. Therefore we conclude that petitioner has shown that an allocation of $300,000 to the covenant not to compete was intended by the parties. Based on the foregoing, we shall not sustain respondent’s determination disallowing petitioner’s deductions with respect to a covenant not to compete. Accuracy-Related Penalties Because we do not sustain respondent’s disallowance of petitioner’s amortization deductions, there is no underpayment in this case, and petitioner is not liable for accuracy-related penalties under section 6662(a). To reflect the foregoing, Decision will be entered for petitioner.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Last modified: May 25, 2011