- 14 - 1278 (1938), affd. 112 F.2d 320 (7th Cir. 1940). These events are considered identifiable because they would be known by everyone interested in the business of the corporation. The essential element for tax purposes is that a particular event destroyed the potential value of the asset. Id. In 1995, as a result of the Mexican Spotted Owl's addition to the endangered species list, the U.S. District Court of Arizona issued a prohibitory injunction banning logging in areas serving as the owl's habitat. Once the injunction was issued, there were no additional timber sales contracts to compete for and logging companies were unable to continue work on their existing contracts. In 1995, there was no reasonable hope or expectation that the injunction on logging would be lifted within the period remaining on the noncompetition agreements because there was no reason to assume that the owl would be removed from the endangered species list. It was objectively reasonable to assume that petitioner's covenants not to compete were worthless because the ban on logging, which included the geographical areas covered by the noncompetition agreements, made it legally impossible for any of the covenantees to compete. As a result, Reidhead, Parker, and Kaibab were unable to reenter the logging industry because no new logging contracts were being issued. The functional eliminationPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011