- 20 - (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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Last modified: May 25, 2011