- 9 - strong effort to compete for the 180 clients that were transferred to Haas. Petrie was an experienced and successful accountant who, after the division, was the president and sole shareholder of DP. We believe that the covenant not to compete to which Petrie and DP agreed and for which Haas paid $190,000 reflects economic substance and that the $190,000 represented a reasonable amount for the covenant not to compete. Based on prior years, the clients protected by the covenant represented approximately $600,000 in annual gross receipts. The $190,000 for the 3-year covenant not to compete is properly amortizable as an ordinary and necessary business expense. $63,500 Relating to Consulting Services Petitioners contend that the $63,500 paid by Haas for the right to receive consulting services from Petrie and DP was necessary to aid in the division of the accounting practice. Respondent contends that little, if any, consulting services were provided by Petrie and DP, that petitioners have not satisfied their burden of establishing Haas’ need for the consulting services, and that any consulting services that were provided by Petrie and DP (or its predecessor DPH) occurred before the division and should be treated as nondeductible startup expenditures of Haas & Associates. See sec. 195. We agree with respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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