Pediatric Surgical Associates, P.C. - Page 27




                                       - 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 that             





Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011