- 52 - 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 anPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NextLast modified: March 27, 2008