- 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