Pediatric Surgical Associates, P.C. - Page 19




                                       - 19 -                                         
          contends that in 1994 and 1995, the petitioner is entitled to               
          deduct as wages the actual collections of the shareholder-                  
          employees, less their share of the petitioner’s expenses.”   In             
          petitioner’s opening brief, petitioner argues for a “per se”                
          rule, that the payments to the shareholder surgeons were                    
          reasonable in amount because they did not exceed petitioner’s               
          profits, calculated by subtracting from petitioner’s gross                  
          receipts (which were exclusively from providing services) all               
          corporate expenses except officers’ compensation.  Petitioner               
          makes the same argument in different terms in its answering                 
          brief:  “Petitioner’s shareholder surgeons were paid compensation           
          in an amount less than their gross collections, which proves that           
          they were reasonably compensated.”   The disagreement between the           
          parties is over how much the shareholder surgeons received for              
          their services, not whether that amount, when finally determined,           
          is reasonable.                                                              
               To prevail, petitioner must show that the remaining amounts            
          were paid to the shareholder surgeons purely for their services.            
          As a preliminary matter, petitioner’s principal arguments raise             
          questions of law.                                                           
                    2.  Questions of Law                                              
                    a.  Bianchi v. Commissioner                                       
               Petitioner argues:                                                     
               [T]he best evidence of value of services provided in a                 
               professional personal service corporation is the profit                





Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011