Precision Pine & Timber, Inc. - Page 3




                                        - 2 -                                         
               Respondent determined deficiencies of $28,113 and $32,450 in           
          petitioner's Federal income taxes for fiscal years ending (FYE)             
          March 31, 1993 and 1996, respectively.  The sole issue for                  
          decision is whether, for FYE March 31, 1996, petitioner properly            
          deducted losses on its covenants not to compete.  The decision on           
          the loss deductions determines petitioner's entitlement to a                
          deduction for a net operating loss carryback to FYE March 31,               
          1993.                                                                       
               Some of the facts have been stipulated and are so found.               
          The exhibits received into evidence are incorporated herein by              
          reference.  At the time the petition in this case was filed,                
          petitioner's corporate offices were located in Heber, Arizona.              
                                     Background                                       
               Petitioner operates as a commercial logging business in                
          northern Arizona.  The viability of the logging industry depends            
          on the availability of harvestable timber.  To ensure an adequate           
          supply of timber, petitioner began to purchase assets and timber            
          sales contracts1 from its competitors.                                      
               In September 1987, petitioner leased real property,                    
          including a sawmill, for logging activities from Parker Lumber              
          Company (Parker).  The Parker lease agreement included a covenant           


               1 For purposes of this opinion, a timber sales contract is a           
          contract between a landowner and a logging company which                    
          establishes the right of the company to harvest timber on a                 
          specified piece of land, and what the company "was obligated to             
          do for that timber."                                                        




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