- 14 - 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 ofPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011