Legal Opinion
Albert H. v. Commissioner
Court of Appeals for the Ninth Circuit
Decided March 28, 1972No. Nos. 24342, 24408 and 24423PublishedCited by 1 opinion
1Opinion of the Court
MERRILL, Circuit Judge:
In these consolidated petitions for review of a decision of the Tax Court, 51 T.C. 306 (1968), the question presented is whether certain payments made in settlement of the dissolution of a partnership should be allocated to goodwill or to a covenant not to compete.
Throndson and Schmitz were partners in the practice of dentistry, both in San Francisco and in San Rafael, California. In 1962 they agreed to dissolve their partnership. Schmitz had decided to confine his practice to San Rafael. Thorndson did not particularly desire to continue practicing there. The partners…
2Cases cited20 opinions
- Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
- Seymour v. OelrichsCalifornia Supreme Court · 1909
- Ernst v. SearleCalifornia Supreme Court · 1933
- Schmitz v. CommissionerUnited States Tax Court · 1968
- Sunset-Sternau Food Co. v. BonziCalifornia Supreme Court · 1964
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