Split authorityconfidence: medium
“$112,278 of the $175,000 payment — all of which was received by Mr. Schwartz in 1991 — is attributable to the covenant not to compete.”
Covenant language at issue“The parties shall allocate, for tax purposes, $175,000 (including $100,000 paid in cash at Closing) in consideration of the release by [Schwartz] of the possible 'claim for personal injury (and, therefore, such allocated amount shall be excludable as income for tax purposes in accordance with Intern…”
View the source opinion ↗ 2002 WI App 255
Unsettledconfidence: medium
“Because we find that the covenant not to compete here is narrowly tailored to a customer list and does not contemplate a geographic restriction, we rule that it is not per se invalid.”
Covenant language at issue“Post-employment Competition. In consideration of the special training and materials provided to Employee by PCA and the preparation of tax returns for persons engaged in agriculture and confidential information made available to Employee by PCA concerning the financial affairs of its members, includ…”
View the source opinion ↗ 2001 WI 51