Precision Pine & Timber, Inc. - Page 21




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          (July 18, 1988).  The taxpayer is required to file a new Form               
          8594 in the tax year that such modification is properly taken               
          into account.  Id.  Petitioner presented no evidence to show that           
          a new Form 8594, or anything substantially similar, was filed to            
          reflect the desired changes in the allocation value.                        
          Petitioner's reasons for failure to file a new Form 8594 are                
          unclear.                                                                    
               Without a new Form 8594 or any other legal or factual                  
          justification allowing a modification, we see no reason to                  
          allocate $0 to the Kaibab covenant not to compete.  See Hosp.               
          Corp. of Am. v. Commissioner, T.C. Memo. 1996-559.  Petitioner,             
          therefore, is not entitled to change the value it allocated to              
          the Kaibab covenant not to compete.                                         
               As a result, the Court holds that petitioner is entitled to            
          recognize the losses on its covenants not to compete for FYE                
          March 31, 1996, and to its deduction for a net operating loss               
          carryback for FYE March 31, 1993.                                           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             for petitioner.                          











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