Pediatric Surgical Associates, P.C. - Page 21




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          “profit” to refer to the excess of the dentist’s receipts from              
          his practice of dentistry over the costs of earning those                   
          receipts but without any reduction for the value of the dentist’s           
          own services.  The case, thus, reflects the unremarkable                    
          proposition that the return to an individual proprietor equals              
          the receipts of the proprietorship less the expenses of the                 
          proprietorship, viz, the “profit” of the proprietorship.                    
               That proposition was useful to us in Bianchi because we                
          assumed that (1) the proprietorship in question provided a                  
          service, (2) all of the proprietorship’s income resulted from the           
          provision of that service, and (3) the proprietor was the sole              
          service provider employed by the proprietorship.  We were, thus,            
          able to determine the value of the services provided by the                 
          individual proprietor to his proprietorship, and to use the                 
          result to test the reasonableness of the compensation paid to him           
          by his wholly owned corporation.                                            
               We cannot analogize petitioner to an individual                        
          proprietorship and employ the stated proposition to find that the           
          value of the services provided by the shareholder surgeons to               
          petitioner is equal to the profit made by petitioner (determined            
          without any deduction for the compensation of the shareholder               
          surgeons).  One reason why we cannot do so is that the                      
          shareholder surgeons were not the only service providers employed           
          by petitioner.  There were also the nonshareholder surgeons,                






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