Pediatric Surgical Associates, P.C. - Page 20




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               made by the corporation.  Thomas A. Curtis, M.D., Inc.                 
               v. Commissioner, 67 T.C.M. (CCH) 1958, 1963 (1994)                     
               [T.C. Memo. 1994-15]; LaMastro v. Commissioner, 72 T.C.                
               337, 384 (1979).  The Tax Court in LaMastro, relying on                
               Bianchi v. Commissioner, 66 T.C. 324 (1976), aff’d. per                
               curium [sic], 553 F.2d 93 (2nd Cir. 1977), held that                   
               the best evidence of the value of a dentist’s personal                 
               services is the profit derived from the practice.  Id.                 
               at 383.                                                                
               In Bianchi v. Commissioner, supra at 333, we held that it is           
          proper to examine the prior self-employment earnings of a                   
          corporate employee to determine whether compensation currently              
          paid to such employee by the corporation is reasonable.                     
          In Bianchi, the corporate employee, a dentist, had incorporated             
          his individual proprietorship, transferring to the corporation              
          (which elected status as an S corporation) the equipment                    
          previously used in the proprietorship, accounts receivable, and             
          good will.  See id. at 325.  In determining what would be                   
          reasonable compensation for his services provided to the                    
          corporation, we said:  “It cannot be questioned that the clearest           
          evidence of the worth of petitioner’s services is petitioner’s              
          earnings from his dentistry practice as an individual                       
          proprietor.”  Id. at 333.  It is clear that, in referring to                
          “petitioner’s earnings”, we were referring to the profit earned             
          by the dentist as an individual proprietor.  Indeed, we restated            
          our point as follows:  “[T]he best evidence of the value of his             
          personal services is profit he derived from his own practice.”              
          Id. at 335 (emphasis added).  Undoubtedly, we were using the term           






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