Sharewell, Inc. - Page 28




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          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.                            















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