Haas & Associates Accountancy Corporation - Page 9




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          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.                                                         







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Last modified: May 25, 2011