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BROOKS v. COMMISSIONER

Docket No. 83488.

36 T.C. 1128 (1961)

MERLE P. BROOKS AND VERA BROOKS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed September 27, 1961.

Attorney(s) appearing for the Case

Adam Y. Bennion, Esq., and E. Robb Livingston, Esq., for the petitioners.

Donald P. Chehock, Esq., for the respondent.

MULRONEY, Judge:

The respondent determined deficiencies in petitioners' income tax of $3,392.85 for 1955 and $5,399.98 for 1956. The sole question for decision is whether a portion of the purchase price received for the sale of a dental practice is the proceeds from the sale of goodwill or consideration for a covenant not to compete.

FINDINGS OF FACT.

Petitioners Merle P. and Vera Brooks are husband and wife and reside in Los Angeles, California...

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