- 14 - expected or was entitled to any direct compensation for his services. Although petitioner contended that he did not do so because of Color Trick’s financial problems, there is no evidence that he was owed any salary for his services or that he deferred collecting any salary due him. We conclude from the record as a whole that petitioner expected only an investor’s return from Color Trick in the form of dividends or long-term enhanced value of his shareholdings. It does not appear that petitioner planned to sell Color Trick quickly once it became established. Indeed, there is some question whether the business could have been sold, because Leland Prentice was allowed to use his process in only two locations but was not allowed to market it. Rather, an effort was made to sell the business only after petitioner decided that it would not be successful and that he could not continue financing it. Petitioner also contends that he made advances to Color Trick in order to protect his business reputation after he had induced other physicians in the medical group to invest in Color Trick.3 As noted above, we cannot conclude from the record in the instant case that petitioner had a reputation as a business 3 Petitioner does not contend that the investments in Color Trick by other physicians with whom he practiced rendered his advances to Color Trick proximately related to his medical practice, or that his medical practice would be in any way affected by the fate of Color Trick.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011