John T. Jorgl and Sharon Illi - Page 14




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          Lucas v. Earl, supra at 114-115; Palmer v. Commissioner, supra at           
          692.  Thus, if a portion of the consideration paid for Little               
          Rascals is properly allocable to petitioners’ promise, they will            
          be deemed to have assigned to the trust income they earned by               
          agreeing not to compete.                                                    
               In determining whether such a “tax-enforceable” allocation             
          to a covenant has been or should be made, courts have articulated           
          various standards for evaluating sales agreements.  See Lazisky             
          v. Commissioner, 72 T.C. 495, 500-502 (1979), affd. sub nom.                
          Magnolia Surf, Inc. v. Commissioner, 636 F.2d 11 (1st Cir. 1980).           
          When a written contract specifies the portion of the purchase               
          price to be allocated to a covenant not to compete and one of the           
          parties seeks to deviate therefrom, two tests frequently adhered            
          to in deciding whether such deviation is warranted are the strong           
          proof rule and the so-called Danielson rule.  See, e.g.,                    
          Commissioner v. Danielson, 378 F.2d 771, 775 (3d Cir. 1967),                
          vacating and remanding 44 T.C. 549 (1965); Elrod v. Commissioner,           
          87 T.C. 1046, 1065-1066 (1986); Smith v. Commissioner, 82 T.C.              
          705, 712-714 (1984); Lazisky v. Commissioner, supra at 500-502.             
               Under the strong proof rule, a taxpayer attempting to                  
          challenge a contractual allocation must adduce “strong proof”,              
          meaning more than a preponderance of the evidence, that the terms           
          of the written instrument do not reflect the actual intentions of           








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