Haas & Associates Accountancy Corporation - Page 8




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          8.26-percent stock interest in DP that Haas received should be                 
          excluded from Haas’ income.4                                                   

                                        OPINION                                          
          $190,000 Relating to Covenant Not To Compete                                   
               Under section 162(a), a taxpayer may deduct all ordinary and              
          necessary expenses incurred in carrying on a trade or business.                
               Generally, amounts paid for covenants not to compete are                  
          amortized over the life of the covenants as current business                   
          expenses.  See Warsaw Photographic Associates, Inc. v.                         
          Commissioner, 84 T.C. 21, 48 (1985).  Amounts paid, however, for               
          goodwill or for going concern value of a business generally are                
          treated as nondeductible capital expenditures.  See Fong v.                    
          Commissioner, T.C. Memo. 1984-402, affd. without published                     
          opinion 816 F.2d 684 (9th Cir. 1987).                                          
               To be respected for Federal income tax purposes, covenants                
          not to compete should reflect economic reality.  See Patterson v.              
          Commissioner, 810 F.2d 562, 571 (6th Cir. 1987), affg. T.C. Memo.              
          1985-53; Lemery v. Commissioner, 451 F.2d 173, 174 (9th Cir.                   
          1971), affg. per curiam 52 T.C. 367 (1969).                                    
               The division between Haas and Petrie was acrimonious and                  
          strained, and we are satisfied that Petrie could have made a                   



          4    Amortization deductions were also claimed for the $10,000                 
          relating to the client records, which respondent did not                       
          disallow.                                                                      





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