Pediatric Surgical Associates, P.C. - Page 28




                                       - 28 -                                         
          respondent’s proposed deduction disallowance, for both 1994 and             
          1995, is limited to collections attributable to the                         
          nonshareholder surgeons less applicable direct costs and                    
          allocable overhead.  On both occasions, the Court suggested that            
          it would be helpful if the parties were able to stipulate as to             
          the proper allocation of overhead attributable to collections               
          generated by Drs. Snyder and Vaughan.  To that end the Court                
          agreed to leave the record open for 30 days for such stipulations           
          by the parties.  The parties failed to stipulate agreed                     
          allocations of overhead.  It is therefore left to the Court to              
          make the required overhead allocations, on the basis of the                 
          evidence in the record.                                                     
               In his proposed findings of fact, respondent attempts to               
          compute the portion of petitioner’s total expenses attributable             
          to Dr. Snyder for 1994 and to Dr. Vaughan for 1995.  Respondent             
          subtracts those allocated expenses, for 1994, from Dr. Snyder’s             
          deemed collections (considered by respondent to equal his net               
          billings for that year) and, for 1995, from actual collections              
          attributed to both Dr. Snyder and Dr. Vaughan, in order to derive           
          the deemed dividend for each year.  Petitioner objects to                   
          respondent’s computation of Dr. Snyder’s collections for 1994 and           
          to respondent’s allocations of expenses for both years.  The                
          expenses subject to allocation are those deducted on petitioner’s           








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