Pediatric Surgical Associates, P.C. - Page 18




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          officers’ compensation in the amounts of $140,776 and $19,450,              
          for 1994 and 1995, respectively (the remaining amounts).                    
               Section 162(a)(1) (set forth supra in section I.D.) allows a           
          deduction for payments of “a reasonable allowance for salaries or           
          other compensation for personal services actually rendered”.                
          Respondent’s ground for disallowing petitioner’s deduction for              
          the remaining amounts is that such amounts are disguised                    
          dividends rather than compensation for services.                            
               B.  Question Before Us                                                 
                    1.  Introduction                                                  
               As discussed supra in section I.D., section 162(a)(1)                  
          establishes a two-pronged test for determining whether a payment            
          is deductible as compensation for services.  The payment must be            
          both reasonable and, in fact, purely for services.  In part, the            
          parties have directed their arguments to the reasonableness                 
          aspect of that test.  We do not believe, however, that whether              
          the return amounts were reasonable in amount is actually in                 
          question.4  The question framed by the parties’ briefs is whether           
          the remaining amounts were paid to the shareholder surgeons                 
          purely for their services.  In respondent’s opening brief,                  
          respondent relies on the following point:  “The respondent                  


               4  For 1995, petitioner deducted $1,508,675 as officers’               
          compensation, and, after concessions, respondent would disallow             
          $19,450, which is 1.29 percent of the amount deducted.  We                  
          hesitate to conclude that respondent would ask us to find that              
          compensation was unreasonable based on such a small variance.               





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