- 12 - long-term capital gain. See secs. 1221, 1222, 1223.7 If this characterization were carried over to BHC’s income tax return, BHC would have, for the tax years involved, no amortization deduction because it would not be acquiring an amortizable asset. BHC contends that it purchased not only the corporate stock, but also a covenant not to compete, and that at least $5,307,600 of the consideration paid in 1996 should be allocated to the covenant, resulting in an amortization deduction for that year.8 If this characterization of the transaction were carried over to William Becker’s individual income tax return for 1996, he would have to include the portion of the consideration received attributable to the covenant not to compete as ordinary income. See Sonnleitner v. Commissioner, 598 F.2d 464, 466 (5th Cir. 1979), affg. T.C. Memo. 1976-249; Montesi v. Commissioner, 340 F.2d 97, 100 (6th Cir. 1965), affg. 40 T.C. 511 (1963); Jorgl v. Commissioner, T.C. Memo. 2000-10, affd. per curiam without published opinion 264 F.3d 1145 (11th Cir. 2001). 7 Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure. 8 See sec. 1.167(a)-3, Income Tax Regs. Sec. 197, requiring amortization of a covenant not to compete ratably over the 15-year period beginning with the month in which the intangible was acquired is applicable, if an appropriate election is made, for acquisitions after July 25, 1991. See Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, sec. 13261(g)(2) and (3), 107 Stat. 540, as amended by the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1703(1), 110 Stat. 1875.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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