Bemidji Distributing Co., Inc. - Page 21




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          if Mr. Langdon had begun to compete in year one, it seems to us             
          equally reasonable to increase the amount of loss that Bravo                
          would have experienced in the out years.  See Buckley v.                    
          Commissioner, T.C. Memo. 1994-470.  Mr. Chouravong's assumption             
          that Mr. Langdon would not compete was based upon four additional           
          assumptions.  Two are not supported at all by the record, and the           
          others are on shaky ground:  (1) That Mr. Langdon would not                 
          compete because he wanted to be free of the union; however, none            
          of the other distributorships were unionized, so this was clearly           
          not a deterrent.  (2) That Mr. Langdon would have to work with              
          only microbreweries, which was not true.  (3) That the consulting           
          agreement would be a deterrent.  We agree that it would have some           
          effect but, for reasons stated above, it is not determinative.              
          (4) That Mr. Langdon’s age, time in business, and personal                  
          reasons would deter him.  Although one might suppose that a 71-             
          year-old person would want to retire, Mr. Langdon did not cite              
          that as a consideration in his testimony, which we found to be              
          credible.  It is equally reasonable to believe that Mr. Langdon's           
          lengthy time in business might cause him to want to continue,               
          since he was obviously continuing to build and enjoy the business           
          at time of sale.                                                            
               The "other personal reasons" presumably refers to the lack             
          of a male heir.  Mr. Langdon did not name that as a reason, and,            
          in any event, it would not deter him from going to work for                 






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