- 27 - employment agreements and, for both 1994 and 1995, overhead from the nonshareholder employment agreements to the shareholder employment agreements. That would have the effect of reducing petitioner’s deduction for compensation paid to officers (and increasing its taxable income for each of the audit years). Respondent’s position is: [P]etitioner can deduct as wages the actual net collections of the shareholder-doctors in 1994 and 1995. The way to arrive at the allowable deductions, since petitioner’s records were unreliable, was to subtract from the total compensation paid to the share- holder doctors the net collections of the non- shareholder doctors. * * * 3. Determination of Profits Attributable to Nonshareholder Surgeons a. Introduction Petitioner is contradictory in its calculation of any profit attributable to the nonshareholder surgeons. In one exhibit, petitioner calculates the profit attributable to Dr. Snyder in 1994 as $20,174 and to Dr. Vaughan in 1995 as $12,579. In another exhibit, petitioner claims that, for those years, it lost money by employing Drs. Snyder and Vaughan. Respondent computes the profit attributable to Drs. Snyder and Vaughan as the remaining amounts ($140,776 and $19,450, for 1994 and 1995, respectively). Neither party’s position is persuasive on its face. The Court must make its own calculation. During the pretrial conference and, again, at the conclusion of the trial, the Court elicited from respondent’s counsel thatPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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