- 33 - Regs. Petitioner bears the burden of proving facts showing good faith and reasonable cause. See Rule 142(a). The same circumstances that led to our finding that a portion of the bonuses paid to the shareholder surgeons constituted a disguised dividend rather than a payment purely for services rendered by them also lead us to sustain respondent’s imposition of the section 6662(a) penalty. When asked during the trial why petitioner had never paid a dividend, Dr. Mann responded: “Well, we are not a very big organization and all of our income comes from just the work we did. And we just treated everything as salary.” But Dr. Mann’s professed good faith belief that the monthly bonus payments of all available earnings reasonably represented payments for services rendered by the shareholder surgeons is belied by his later testimony that, within a short time after they arrive (and, certainly, within the 2-year employment period), the nonshareholder surgeons also “made money” for petitioner. Given that Dr. Mann and, by implication, the other shareholder surgeons were aware that at least a portion of petitioner’s profits were attributable to services performed by the nonshareholder surgeons, we are not persuaded that petitioner’s treatment of its distribution ofPage: 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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