Robert Strong & Apgar Architects, PC - Page 5




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          all of the activities of which involve the performance of                   
          services in the fields of * * * architecture.”  In this case,               
          petitioner and respondent agree that petitioner’s business                  
          satisfies the function test.  With regard to the ownership test,            
          respondent contends that petitioner also satisfies the ownership            
          test; petitioner disagrees.                                                 
               Section 448(d)(2)(B) defines the ownership test as where:              
                   (B) substantially all of the stock of which (by                   
               value) is held directly * * * by–                                      
                         (i) employees performing services for                        
                    such corporation in connection with the                           
                    activities involving a field referred to in                       
                    subparagraph (A)                                                  
               In interpreting the ownership test of section 448(d)(2)(B),            
          section 1.448-1T(e)(5)(i), Temporary Income Tax Regs., 52 Fed.              
          Reg. 22768 (June 16, 1987), as amended by T.D. 8329, 56 Fed.                
          Reg. 485 (Jan. 7, 1991), and T.D. 8514, 58 Fed. Reg. 68299 (Dec.            
          27, 1993), further provides:                                                
                    A corporation meets the ownership test, if at all                 
               times during the taxable year, substantially all of                    
               the corporation’s stock, by value, is held, directly                   
               or indirectly, by–                                                     
                         (A) Employees performing services for                        
                    such corporation in connection with                               
                    activities involving a field referred to in                       
                    paragraph (e)(4) of this section,                                 
                    *      *      *      *      *      *      *                       
                    For purposes of this paragraph (e)(5), the term                   
               “substantially all” means an amount equal to or                        
               greater than 95 percent.                                               







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