- 24 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Last modified: May 25, 2011