Legal Opinion
Better Beverages, Inc. v. United States
Court of Appeals for the Fifth Circuit
Decided June 18, 1980No. 78-2880PublishedCited by 35 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
This appeal was born of the inconsistent treatment of a portion of the proceeds from the sale of a going business, the Dr. Pepper Bottling Co. of Victoria, Texas, by its sellers, S.A. and Billy F. Strane, and its purchaser, Better Beverages, Inc., on their respective federal income tax returns. The question presented is whether any portion of the lump sum purchase price should be characterized as payment for the sellers’ covenant not to compete — rather than for the transfer of the goodwill of the business 1 — despite the absence from the parties’ agreement of any…
2Cases cited27 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
- Houston Chronicle Publishing Company, Plaintiff-Appellee-Cross v. United States of America, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
- Albert H. And Doris G. Throndson v. Commissioner of Internal Revenue, Albert H. And Doris G. Throndson v. Commissioner of Internal Revenue, J. Leonard Schmitz and Alice Schmitz v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1972
- Annabelle Candy Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
22 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Miami Purchasing Service Corp. v. CommissionerUnited States Tax Court · 1981
- Banc One Corp. v. CommissionerUnited States Tax Court · 1985
- United States ex rel. Hemes v. McNultyCourt of Appeals for the Seventh Circuit · 1970
- Markham & Brown, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1981
- John H. Lary, Jr., and Sherry S. Lary v. United StatesCourt of Appeals for the Eleventh Circuit · 1986
30 more not listed; retrieve them via the Exa API.