Antonio and Joyce Rosario - Page 8




                                        - 8 -                                         
               Guarantee Payback, regardless of the level of                          
               Physician’s gross income, * * * .                                      
          It was not clear whether the amended practice agreement, which              
          was not signed until after the year in issue, changed, or instead           
          merely clarified, the parties’ intentions in the practice                   
          agreement.  To resolve the ambiguity, we examined all stipulated            
          documents and concluded that the evidence weighed in favor of               
          treating the guarantee payments as a loan.  Although we did not             
          agree with respondent’s interpretation in the final analysis, we            
          believe that respondent’s position had a reasonable basis in law            
          and in fact given the ambiguity of the language in the practice             
          agreement.                                                                  
               Accordingly, we hold that petitioners are not entitled to an           
          award of administrative or litigation costs.                                
               To reflect the foregoing,                                              
                                                  An appropriate order will           
                                             be issued and a decision will            
                                             be entered for petitioners.              


















Page:  Previous  1  2  3  4  5  6  7  8  

Last modified: May 25, 2011