Original Issue Discount and Noncompete Agreement Considered in Connection With an LBO

Business Valuation Update BVLaw
Legal and Court Case Update
September 2, 1998

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3751 Motorcycles, Bicycles, and Parts
336991 Motorcycle, Bicycle, and Parts Manufacturing
federal taxation
Custom Chrome, Inc. and Subsidiaries v. CIR
T.C. Memo. 1998-317
US
Federal Court
United States Tax Court
Swift

Summary

The Tax Court determined that a noncompete agreement executed in connection with a leveraged buyout of a motorcycle company by a M&A firm had economic reality since the firm would not have completed the transaction without the noncompete.

See Also

Custom Chrome, Inc. and Subsidiaries v. CIR

Full Text of Court Cases
September 2, 1998

The Tax Court determined that a non-compete agreement executed in connection with a leveraged buyout of a motorcycle company by a M&A firm had economic reality since the firm would not have completed the transaction without the non-compete, and because th ...