Precision Pine & Timber, Inc. - Page 4




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          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.                        






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