- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007