Warren L. Baker, Jr. and Dorris J. Baker - Page 23




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          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 the                   






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