- 23 - termination payment is taxable as ordinary income. Ordinary income treatment is accorded to a variety of payments. See, e.g., Hort v. Commissioner, 313 U.S. 28 (1941) (income received upon cancellation of lease derived from relinquishment of right to future rental payments in return for a present substitute payment and possession of premises); Elliott v. United States, supra (payment for termination of insurance agency contract was ordinary income); Foxe v. Commissioner, 53 T.C. at 25 (payment to insurance agent upon cancellation of employment contract was ordinary income); General Ins. Agency, Inc. v. Commissioner, T.C. Memo. 1967-143 (payment for agreement not to compete was ordinary income), affd. 401 F.2d 324 (4th Cir. 1968). VII. Covenant Not To Compete An amount received for an agreement not to compete is generally taxable as ordinary income. Banc One Corp. v. Commissioner, 84 T.C. 476, 490 (1985), affd. without published opinion 815 F.2d 75 (6th Cir. 1987); Warsaw Photographic Associates, Inc. v. Commissioner, 84 T.C. 21 (1985); Ullman v. Commissioner, 29 T.C. 129 (1957), affd. 264 F.2d 305 (2d Cir. 1959); General Ins. Agency, Inc. v. Commissioner, supra. Petitioners reported the sale of a covenant not to compete on Form 8594 attached to the return. The agreement provides that, after retiring, petitioner would not solicit State Farm’s policyholders for 1 year, or petitioner would forfeit thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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