- 3 - not to compete for a period of 15 years. The parties allocated $50,000 of the contract price to the covenant. In April 1991, petitioner purchased two timber sales contracts and some equipment from Reidhead Lumber Company (Reidhead). The Reidhead sales agreement included a covenant not to compete for a period of 6 years. The parties allocated $250,000 of the contract price to the covenant. In March 1993, petitioner purchased assets related to a sawmill operation in Payson, Arizona, including two timber sales contracts and some equipment from Kaibab Industries (Kaibab). The Kaibab purchase agreement included a covenant not to compete for a period ending September 1, 2000. The agreement did not make any specific allocations of the contract price. Petitioner, however, filed a Form 8594, Asset Acquisition Statement, with its Federal income tax return for FYE March 31, 1994, which allocated $200,000 of the contract price to the covenant. Kaibab also filed a Form 8594, but allocated $0 of the contract price to the covenant. In 1993, the Mexican Spotted Owl was added to the list of endangered species protected under the Endangered Species Act, 16 U.S.C. secs. 1531-1543 (1994). In 1995, the United States District Court for the District of Arizona issued a prohibitory injunction banning logging operations in northern Arizona and New Mexico to protect the Mexican Spotted Owl's habitat.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011