Alron Engineering & Testing Corp. - Page 10




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          lines of services may function mutually exclusively.3                       
               Section 448(d)(2)(A) requires that “substantially all” of              
          petitioner’s activities must be devoted to the field of                     
          engineering.  Under section 1.448-1T(e)(4)(i), “substantially               
          all” is defined as 95 percent or more of the employees’ time                
          devoted to the performance of services within the field of                  
          engineering.  The temporary regulation further provides that for            
          purposes of determining whether the 95-percent rule is satisfied,           
          the performance of any activity incident to the actual                      
          performance of engineering services is considered the performance           
          of services in that field.                                                  
               Respondent contends that geotechnical testing is “incident             
          to” the qualifying field of engineering.  The temporary                     
          regulation states that activities incident to the performance of            
          services in a qualifying field include the supervision of                   
          employees engaged in directly providing services to clients, and            
          the performance of administrative and support services incident             
          to such activities.  Sec. 1.448-1T(e)(4)(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), T.D. 8514, 58 Fed. Reg.              
          68299 (Dec. 27, 1993).  In this case, geotechnical testing of               
          soils and concrete is not within the field of engineering, nor is           


          3    During his testimony, Mr. Huseth referred to three other               
          geotechnical testing companies in the area that did not employ              
          any engineers on their staffs.                                              





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