Veterinary Surgical Consultants, P.C. - Page 6




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          “Rental real estate, royalties, partnerships, S corporations,               
          trusts, etc.” $214,896.40 and $322,484.05 for 1997 and 1998,                
          respectively.  For 1997, the foregoing amount is characterized on           
          the attached Schedule E, Supplemental Income and Loss, as                   
          nonpassive income from Schedule K-1, and $26,000 is shown on                
          Schedule C, Profit or Loss From Business, as gross receipts.  For           
          1998, $316,484.05 is shown on Schedule E as nonpassive income               
          from Schedule K-1; $6,000 is shown on Schedule E and on Form                
          4831, Rental Income, as rent; and $40,000 is shown on Schedule C            
          as gross receipts.                                                          
          The Notice of Determination                                                 
               Respondent neither audited nor challenged petitioner’s 1991,           
          1992, or 1993 Federal tax return regarding petitioner’s treatment           
          of Sadanaga as other than an employee.  Prior to the audit                  
          underlying the instant case covering 1997 and 1998, respondent              
          did audit petitioner for employment tax purposes for 1994, 1995,            
          and 1996.  That audit resulted in litigation of issues similar to           
          those presented here.  This Court issued an opinion thereon, in             
          favor of respondent, in Veterinary Surgical Consultants, P.C. v.            
          Commissioner, 117 T.C. 141 (2001), and the Court of Appeals for             
          the Third Circuit affirmed sub nom. Yeagle Drywall Co. v.                   
          Commissioner, 54 Fed. Appx. 100 (3d Cir. 2002).                             
               During pendency of the prior matter, on June 8, 2001,                  
          respondent sent to petitioner the notice of determination at                






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