W. Bradford Davis and Tedde M. Rinker - Page 15

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               4.  Payments to Employees and Contractors                              
               Petitioners submitted exhibits with copies of canceled                 
          checks written by Dr. Rinker to several payees in 1999.  Dr.                
          Rinker testified that the checks represented payments from her to           
          several people for legal, accounting, bookkeeping, and                      
          secretarial services rendered in connection with her medical                
          practice.  Some of the payments were made in exchange for                   
          secretarial and bookkeeping expenses which related directly to              
          Dr. Rinker’s practice at that time; others were made in exchange            
          for legal and business advice on a future venture proposed to Dr.           
          Rinker by another doctor.  According to Dr. Rinker’s                        
          uncontradicted testimony, the proposed venture never materialized           
          and she ceased pursuing it.  In her testimony, Dr. Rinker                   
          admitted that some of the checks in the exhibits were not for               
          professional services at all and were mistakenly included.  In              
          addition, Dr. Rinker also admitted that she engaged the same                
          people to do her personal and business bookkeeping and                      
          accounting.                                                                 
          a.  Fees for Advice on the Proposed Venture                                 
               We conclude that Dr. Rinker’s payments to financial and                
          legal advisers were not ordinary and necessary expenses of Dr.              
          Rinker’s medical practice as it stood in 1999.  The evidence does           
          not establish that the proposed venture was related to Dr.                  
          Rinker’s current business.  Petitioners are therefore not                   






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