Precision Pine & Timber, Inc. - Page 19




                                       - 18 -                                         
               For the reasons discussed above, the Court holds that                  
          petitioner's recognition of the loss on its covenants not to                
          compete in FYE March 31, 1996, was proper.                                  
          Modification of Form 8594                                                   
               Petitioner, at trial and in its trial memorandum, posits               
          that it incorrectly allocated $200,000 to the covenant not to               
          compete in the Kaibab Agreement.  Petitioner's position is that             
          "the amount allocated by the taxpayer to the noncompete agreement           
          should be allocated to the timber contracts acquired from                   
          Kaibab."  "That is what we should have done, you know."                     
          Petitioner was apparently unaware, when it filed its Form 8594              
          for the Kaibab agreement, that Kaibab did not allocate any of the           
          contract price to the noncompete agreement.                                 
               It is unclear whether petitioner now seeks to modify its               
          position as to its original allocation.  Regardless of whether              
          petitioner seeks to advance this argument, it is clear that                 
          petitioner did not present this as an argument in the                       
          alternative.                                                                
               Assuming it now wishes to allocate $0 to the covenant,                 
          petitioner must satisfy this Court that provisions of the                   
          Internal Revenue Code, the Tax Court Rules of Practice and                  
          Procedure, or case law allow for such a modification.  Respondent           
          contends that this Court must apply the rule in Commissioner v.             








Page:  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