- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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