The petitioner bought a business and along with the purchase came a contract giving the petitioner an exclusive right to tow cars for a local police department. The petitioner amortized the contract over 15 years. However, the contract expired after five years and the petitioner wrote off the unamortized amount. The IRS claimed that value remained and that the unamortized amount, therefore, could not be written off. The court agreed because it found that the petitioner retained the rights to tow and store vehicle even after the contract expired and until a new contract was entered into. The court also determined that the willing-buyer/willing-seller test of Treas. Reg. Sec. 20.2031-1(b) did not result in the contract having no value. Steinberg v. Comr., T.C. Memo. 2015-222.
Expired Contract Has Value For Tax Purposes.
Date of decision:
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