Alpha Medical, Inc., f.k.a. Alpha Medical Management, Inc. - Page 2

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               The issues for decision are:  (1) Whether an amount paid by            
          petitioner to William T. Rogers (Rogers) as compensation during             
          taxable year 1990 is reasonable within the meaning of section               
          162(a)(1).  We find the amount paid was not reasonable to the               
          extent set out below. (2) Whether petitioner is liable for the              
          accuracy-related penalty under section 6662(d) for substantially            
          understating its income for the year in issue.2  We find it is.             




               2  In its petition to this Court, petitioner raised the                
          issue of whether a second inspection of petitioner's records,               
          within the meaning of sec. 7605(b), was conducted by respondent's           
          agent for the 1990 taxable year.                                            
               On Jan. 5, 1993, petitioner received a notice of audit for             
          1990.  Upon receipt of the notice of audit for 1990, petitioner             
          objected to the audit on the basis that the audit was repetitive            
          and that the Internal Revenue Service (IRS) already had in its              
          possession information relating to 1990.                                    
               Revenue Agent Arthur W. Horton caused a summons to be issued           
          for information relating to 1990.  By letter dated Nov. 18, 1993,           
          petitioner informed the IRS that petitioner was not going to                
          produce the records.                                                        
               A summons enforcement proceeding was initiated in the U.S.             
          District Court for the Eastern District of Tennessee on June 20,            
          1994, and a hearing was held on Aug. 29, 1994.  Petitioner's                
          representative appeared at the hearing and objected to the                  
          summons on the ground, inter alia, that the IRS's request to                
          examine its books of account for 1990 was a second inspection in            
          violation of sec. 7605(b).  The District Court ruled in favor of            
          the IRS, and petitioner appealed to the Court of Appeals for the            
          Sixth Circuit.                                                              
               In United States v. Alpha Med. Management, Inc., 116 F.3d              
          1481 (6th Cir. 1997), the Court of Appeals for the Sixth Circuit            
          by an unpublished opinion remanded the case to the District Court           
          for a determination of which documents sought by the summons were           
          already in the possession of or accessible to the IRS.  In other            
          respects the District Court's order enforcing the summons was               
          affirmed.  In its ruling, the Court of Appeals found that the IRS           
          complied with the statutory requirements of sec. 7605(b).                   
               We conclude that there was no second inspection of                     
          petitioner's books of account in violation of sec. 7605(b).                 


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