V.R. DeAngelis M.D.P.C. & R.T. Domingo M.D.P.C., V. R. DeAngelis M.D.P.C., Tax Matters Partner, et al. - Page 52




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          299 F.3d 221 (3d Cir. 2002).  Respondent determined that neither            
          the PCs’ payments to VRD/RTD related to the STEP plan nor                   
          VRD/RTD’s ensuing contributions to the STEP plan were deductible            
          under section 162(a) as ordinary and necessary business expenses            
          and that the amounts of the payments were includable in the                 
          doctors’ gross income under section 61(a).  Respondent argues               
          that the payments were made for the doctors’ personal benefit.              
          Petitioners argue that the payments and contributions are                   
          deductible under section 1.162-10(a), Income Tax Regs., as                  
          “Amounts paid or accrued within the taxable year for dismissal              
          wages” and, thus, that the payments are not includable in the               
          doctors’ gross income.  We agree with respondent’s determination            
          on the disallowed deductions but disagree with respondent’s                 
          determination on the inclusion in income.  We set forth our                 
          analysis below primarily in two sections.  The first section sets           
          forth our opinion of the credibility of the witnesses.  The                 
          second section sets forth our opinion on the substantive issues             
          at hand.                                                                    
          II.  Credibility of the Witnesses                                           
               A.  Expert Witnesses                                                   
               At trial, each party called an expert witness in support of            
          their and his respective positions.  Petitioners called                     
          Michael L. Frank (Mr. Frank), and the Court recognized him as an            
          expert on experience rating and risk sharing.  Mr. Frank is an              







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