Legal Opinion

Anesthesia Service Medical Group, Inc. v. Commissioner

United States Tax Court

Decided December 24, 1985No. Docket Nos. 13935-83, 13936-83PublishedCited by 26 opinions

ASMG, a medical professional corporation, established trust to provide protection for malpractice claims resulting from acts of ASMG's employees. Held, ASMG may not deduct contributions to trust. Held, further, trust was not a Voluntary Employees' Beneficiary Association. Held, further, trust is not taxable as an insurance company. Held, further, trust constituted a trust and not an association for tax purposes.

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ASMG, a medical professional corporation, established trust to provide protection for malpractice claims resulting from acts of ASMG's employees. Held, ASMG may not deduct contributions to trust. Held, further, trust was not a Voluntary Employees' Beneficiary Association. Held, further, trust is not taxable as an insurance company. Held, further, trust constituted a trust and not an association for tax purposes. Held, further, trust was a grantor trust whose income is taxable to ASMG.

1Opinion of the Court

Cohen, Judge:

Respondent determined the following deficiencies in petitioners’ Federal income taxes:

Petitioner Year Deficiency

Anesthesia Service Medical 1974 $4,155

Group, Inc. (ASMG) 1976 1,411

Docket No. 13936-83 1977 207,313

1978 264,619

1979 144,762

Anesthesia Service Medical 1977 332,602

Group, Inc. Employee Protective Trust (trust) 1978 1979 358,606 289,720

Docket No. 13935-83

By amended answer respondent determined increased deficiencies in tax of petitioner ASMG of $300 for 1978 and $27,601 for 1979. The issues for decision are as follows: (1) Whether petitioner ASMG may deduct contributions…

2Cases cited42 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. United States v. CorrellSupreme Court of the United States · 1967
  3. Bingler v. JohnsonSupreme Court of the United States · 1969
  4. United States v. CartwrightSupreme Court of the United States · 1973
  5. National Muffler Dealers Assn., Inc. v. United StatesSupreme Court of the United States · 1979

37 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Lima Surgical Associates, Inc. Voluntary Employees' Beneficiary Ass'n Plan Trust v. United StatesUnited States Court of Claims · 1990
  2. Sears, Roebuck & Co. v. CommissionerUnited States Tax Court · 1991
  3. Johnson v. CommissionerUnited States Tax Court · 1997
  4. Humana, Inc. v. CommissionerUnited States Tax Court · 1987
  5. Anesthesia Service Medical Group, Inc. v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1987

21 more not listed; retrieve them via the Exa API.

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