Veterinary Surgical Consultants, P.C. - Page 5




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          Return, for any quarter during the period at issue.  On Schedules           
          E, Supplemental Income and Loss, of Dr. Sadanaga’s 1994, 1995, and          
          1996 Forms 1040, U.S. Individual Income Tax Returns, Dr. Sadanaga           
          reported his share of petitioner’s income (as indicated on the              
          Schedules K-1) as nonpassive income from an S corporation.                  
               Dr. Sadanaga was a full-time employee of Bristol-Myers Squibb          
          Co. (Bristol-Myers).   He reported wages from Bristol Myers of              
          $91,212.18 in 1994, $95,891.15 in 1995, and $102,031.14 in 1996.            
          In 1994, 1995, and 1996, Bristol-Myers withheld Social Security             
          taxes from Dr. Sadanaga.                                                    
               Respondent began an audit of petitioner’s return for 1995 in           
          May 1997.  On October 22, 1997, Revenue Agent James Tepper, and             
          petitioner’s accountant, Joseph Grey, met to discuss the audit.             
          Revenue Agent Orville Surla joined Revenue Agent Tepper and Mr.             
          Grey to discuss whether Dr. Sadanaga was an employee of petitioner          
          in 1995.  Mr. Grey asserted that Dr. Sadanaga was not an employee           
          of petitioner and that the distribution to him from petitioner              
          represented his share of petitioner’s net income.  Mr. Grey                 
          objected to any assessment of Federal employment taxes against              
          petitioner.  Because Mr. Grey and Revenue Agent Tepper could not            
          reach any agreement  with respect to the Federal employment tax             
          issue, the issue was referred to Revenue Agent Surla.                       
               On March 16, 1998, respondent sent petitioner a 30-day letter,         
          proposing adjustments to petitioner’s Federal employment taxes for          






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