- 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