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because of his tax problems. Further, the purported covenant is
an unsigned document with no effective date, and it does not
identify to whom the covenant is granted. Most telling,
petitioner’s conduct belies the existence of the covenant. He
engaged in an accounting and tax business within the prohibited
territory during the entire prohibited period. Petitioner’s
contentions as to the covenant are meritless.
Petitioner attempts to legitimize the payments made by JJH
to Tim and the University of Central Florida by arguing the
payments were attributable to a lease between JJH and Tim for the
use of Tim’s Disney collection. Petitioner asserts that JJH made
payments for the lease of Mickey Mouse, Donald Duck, Goofy, and
other colorful Disney characters in his basement office as bona
fide business expenses. Petitioner’s story is as fantastic as
the Disney characters themselves. Petitioner did not know the
value of the collection or how many items were in the collection,
and there is no evidence the Disney collection furthered any
advertising goal. Charlene’s testimony that she engaged in bona
fide negotiations with Tim with respect to a lease price on New
Year’s Day in 1993 is not credible. The lease document is
concocted and back dated, and the stated rent of $1,000 per month
bears no relation to the actual payments made to Tim or to the
University of Central Florida.
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