- 3 - provided, in part, that for a period of 3 years Mr. Becker would not “directly or indirectly engage in the processing or sale of citrus concentrate or fresh juices” (covenant not to compete). The total stated consideration for the transaction was $23,953,934 plus interest, payable over a period of 5 years. In its Federal income tax return for the tax year ending September 30, 1996, petitioner deducted $5,307,600 as an amortization expense. Respondent’s Examination Division disallowed the amortization deduction in its entirety. The case at bar was assigned to Appeals Officer Neil Kaufman (Mr. Kaufman) to see whether it could be administratively resolved. Mr. Kaufman was also assigned the case involving Mr. Becker (the Becker case) in which the Examination Division took the position that $5,307,600 was allocable to the covenant not to compete, resulting in Mr. Becker’s having to recognize $5,307,600 of ordinary income in 1996. Terri N. Beach (Ms. Beach) was Mr. Kaufman’s supervisor and held the position of Appeals Team Manager. The parties executed Form 872, Consent to Extend the Time to Assess Tax, extending the period of limitations for the years at issue to June 30, 2002. Shortly thereafter, Lawrence Y. Leonard (Mr. Leonard) undertook the representation of petitioner before respondent’s Appeals Office (Appeals). Mr. Leonard was aware that Mr. Kaufman had also been assigned the Becker case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011