- 7 - shows that petitioner administered the anesthesia and received the compensation for his services. We find that the trust was not a separate taxpaying entity for three primary reasons: (1) Petitioner, not the trust, controlled the earning of the compensation at issue, (2) petitioner controlled the CRNA Trust bank account, and (3) petitioner treated 50 percent of the money paid to NAA as his own. First, we find that petitioner clearly controlled the compensation in question. Dr. Voloshin and Oania testified that petitioner and Oania performed anesthetic services for which they were compensated. Oania and petitioner were the only people who performed services for NAA. In addition, petitioner clearly had control over the CRNA Trust bank account and partial control over the NAA bank account. A person may be treated as the owner of an account if he or she can derive readily realizable economic value from the account, and a person derives such value when "he or she has the freedom to dispose of the account funds at will." Chu v. Commissioner, T.C. Memo. 1996-549. Oania, petitioner's partner, testified that he and petitioner split the profits of NAA equally, and that petitioner sometimes deposited checks issued by NIS into the NAA bank account. Canceled checks from the NAA bank account show petitioner as the signatory. Petitioner was also authorized to sign checks drawn on the CRNA Trust bank account.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011