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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.
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Last modified: May 25, 2011