Tax Court Finds That Doctor’s Cut of Surgery Center Income Not Subject to Self-Employment Tax

Tax Court Finds That Doctor’s Cut of Surgery Center Income Not Subject to Self-Employment Tax | NawrockiSmith

In Hardy v. Commissioner, an important, recently decided tax case, the Tax Court found that the share of income received by a doctor due to his ownership in a surgery center may not be subject to the self-employment tax. Dr. Hardy was a plastic surgeon specializing in pediatric reconstructive surgery. He bought a minority interest in a surgery center run through an LLC. The opinion in the case held that he did not have self-employment income on his share of the center’s income. It found that Hardy had no meaningful non-surgery related service responsibilities with the surgery center and never managed it, having no day-to-day responsibilities there.

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