W.W. Eure, M.D., Inc. - Page 5




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          part-time temporary radiation therapist.  All of petitioner’s               
          employees devoted their time working for petitioner exclusively             
          to provide radiation therapy treatment to cancer patients or to             
          provide administrative, supervisory, or support services for such           
          radiation therapy treatments.                                               
          Petitioner’s Return and the Deficiency Notice                               
               Petitioner timely filed Forms 1120, U.S. Corporation Income            
          Tax Return, for the years at issue.  Petitioner reported that it            
          was engaged in the practice of medicine and that its taxable                
          income was subject to the graduated income tax rates for                    
          corporations under section 11(b)(1).  Respondent issued                     
          petitioner a deficiency notice in which he determined that                  
          petitioner was a qualified personal service corporation subject             
          to the flat 35-percent tax rate under section 11(b)(2).3  The               
          deficiency amounts represent the increase in petitioner’s Federal           
          income taxes that result from applying the flat 35-percent tax              
          rate to the amounts of taxable income shown on the returns for              
          the years at issue.  Petitioner timely filed a petition.                    
                                     Discussion                                       
               We are asked to decide whether petitioner is a qualified               
          personal service corporation taxed at a flat 35-percent tax rate            
          under section 11(b)(2) rather than the graduated rates for                  


               3The flat 35-percent tax rate set forth in sec. 11(b)(2)               
          equals the highest marginal corporate tax rate set forth in sec.            
          11(b)(1) for the years at issue.                                            





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