Legal Opinion

Baldarelli v. Commissioner

United States Tax Court

Decided October 9, 1973No. Docket Nos. 3338-70, 3482-70Published

In 1966, S sold his partnership interest in an H & R Block franchise to B for $ 45,000 payable in four annual installments. The purchase and sale agreement included a covenant not to compete to which the parties allocated no value. Held: The noncompete covenant will not be assigned a value by this Court absent "strong proof" as to what its value might be.

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In 1966, S sold his partnership interest in an H & R Block franchise to B for $ 45,000 payable in four annual installments. The purchase and sale agreement included a covenant not to compete to which the parties allocated no value. Held: The noncompete covenant will not be assigned a value by this Court absent "strong proof" as to what its value might be. Therefore, S correctly reported the income he received as a long-term capital gain and B is not entitled to amortization deductions.

1Opinion of the Court

Libero P. Baldarelli and Rita I. Baldarelli, Petitioners v. Commissioner of Internal Revenue, Respondent; Jack H. and Erlene Shaffer, Petitioners v. Commissioner of Internal Revenue, Respondent

Baldarelli v. Commissioner

Docket Nos. 3338-70, 3482-70

United States Tax Court

61 T.C. 44; 1973 U.S. Tax Ct. LEXIS 41; 61 T.C. No. 5;

October 9, 1973, Filed

Decision will be entered for the respondent in docket No. 3338-70.

Decision will be entered for the petitioners in docket No. 3482-70.

In 1966, S sold his partnership interest in an H & R Block franchise to B for $ 45,000 payable in four annual…

2Cases cited30 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
  3. Danielson v. CommissionerUnited States Tax Court · 1965
  4. Ullman v. CommissionerCourt of Appeals for the Second Circuit · 1959
  5. Hamlin's Trust v. Commissioner of Internal Revenue. Nowel's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954

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