- 22 - whose contribution to petitioner’s profit we cannot assume to be zero. Petitioner does not prevail, as a matter of law, based on Bianchi v. Commissioner, supra. b. Richlands Med. Association v. Commissioner Petitioner refers us to one of our memorandum opinions, Richlands Med. Association v. Commissioner, T.C. Memo. 1990-660, affd. without published opinion 953 F.2d 639 (4th Cir. 1992), for the following proposition: Specifically, the Tax Court held “petitioner’s associates were entitled to receive, as compensation for their services to patients, 100 percent of the collections recorded by petitioner as attributable to such services.” In Richlands Med. Association, we did so find. We did that, however, after finding that respondent, in his notice of deficiency, had allowed such amounts as a deduction for compensation. In Richlands Med. Association, the taxpayer not only provided physician’s services but also owned a hospital that provided medical services ancillary to physician’s services. With respect to the taxpayer’s system of compensation, under which all funds left after the payment of expenses and the establishment of reserves were distributed to its associates (owner employees), we observed that the taxpayer’s expert, an accountant, was unable to explain how the taxpayer could everPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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