Legal Opinion
Recovery Group, Inc. v. Commissioner
Court of Appeals for the First Circuit
Decided July 26, 2011No. 10-1886PublishedCited by 10 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
The present appeal requires us to determine whether a covenant not to compete, entered into in connection with the acquisition of a portion of the stock of a corporation that is engaged in a trade or business, is considered a “section 197 intangible,” within the meaning of I.R.C. § 197(d)(1)(E), regardless of whether the portion of stock acquired constitutes at least a “substantial portion” of such corporation’s total stock. For the reasons stated below, we answer in the affirmative.
Petitioners-Appellants Recovery Group, Inc. (“Recovery Group”) and thirteen…
2Cases cited17 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Carcieri v. SalazarSupreme Court of the United States · 2009
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3Cited by10 opinions
- United States v. Santiago-MendezCourt of Appeals for the First Circuit · 2012
- Deseret Management Corporation v. United StatesUnited States Court of Federal Claims · 2013
- United States v. De La CruzCourt of Appeals for the First Circuit · 2021
- Silva v. GarlandCourt of Appeals for the First Circuit · 2022
- Ostrander v. Source One Financial Corp. (In re Mollison)United States Bankruptcy Court, D. Massachusetts · 2012
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