Warren L. Baker, Jr. and Dorris J. Baker - Page 24




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          termination payment.  If petitioner had competed against State              
          Farm after retiring, he would not have received a termination               
          payment.  We find that petitioner entered into a covenant not to            
          compete with State Farm and that a portion of the termination               
          payment was paid for the covenant not to compete.                           
               Proceeds allocable to a covenant not to compete are properly           
          classified as ordinary income.  See General Ins. Agency, Inc. v.            
          Commissioner, 401 F.2d at 329.  Petitioner did not allocate any             
          portion of the termination payment to the covenant not to                   
          compete, and it is unnecessary for us to make such an allocation            
          because the termination payment is classified as ordinary income.           
               We have considered all arguments by the parties and amicus,            
          and, to the extent not discussed above, conclude they are                   
          irrelevant or without merit.                                                
               To reflect the foregoing,                                              
                                                       Decision will be               
                                                  entered for respondent.             


















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