MOLASKY v. COMMISSIONER

Docket No. 473-86.

63 T.C.M. 2472 (1992)

T.C. Memo. 1992-164

Allan and Gloria Molasky v. Commissioner.

United States Tax Court.

Filed March 23, 1992.


Attorney(s) appearing for the Case

Howard A. Wittner and Jane M. Carriker, for the petitioners.

Robert J. Burbank, for the respondent.


Supplemental Memorandum Opinion

FAY, Judge:

This matter is before this Court on remand by the Court of Appeals for the Eighth Circuit. The sole issue for decision is to what extent petitioner Allan Molasky (petitioner) should recognize income in 1981 under section 61(a)1 for payments allocated to a covenant not to compete in connection with a sale of a distributorship.

On April 25, 1988, this Court issued its opinion...

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