- 23 - required economic outlay. Jerry may not increase his basis in Ram by the $100,000 advanced by Mattel to Ram. Innovative Payment On February 2, 1996, TSI wrote a $3,000 check to Innovative. Petitioners assert that TSI acted as Jerry’s agent and was merely used as Jerry’s incorporated pocketbook. The credible evidence in the record does not support this assertion. We conclude that Jerry may not increase his basis in Innovative by $3,000 on the basis of this transaction. II. Characterization Of Noncompete Payments Petitioners’ 1989, 1990, 1991, and 1992 Federal income tax returns characterized the noncompete payments as ordinary income. Petitioners seek to characterize the continuation of those payments in 1993 and 1994 as capital gains. Petitioners argue primarily that they should be relieved of the tax consequences flowing from the apportionment of the purchase price in the 1988 stock acquisition agreement. Petitioners assert alternatively that events in 1989 establish that a new agreement was reached under which the noncompete payments petitioners received in 1993 and 1994 are treated as capital gains rather than ordinary income. Primary Argument Given petitioners’ different residences, this case is appealable to the Courts of Appeals for the Fourth and EleventhPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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