- 7 - SEC. 543(a) General Rule.-- For purposes of this subtitle, the term “personal holding company income” means the portion of the adjusted ordinary gross income which consists of: * * * * * * * (2) Rents.–The adjusted income from rents; * * * * * * * (7) Personal service contracts.-- (A) Amounts received under a contract under which the corporation is to furnish personal services; if some person other than the corporation has the right to designate (by name or by description) the individual who is to perform the services, or if the individual who is to perform the services is designated (by name or by description) in the contract; and (B) amounts received from the sale or other disposition of such a contract. This paragraph shall apply with respect to amounts received for services under a particular contract only if at some time during the taxable year 25 percent or more in value of the outstanding stock of the corporation is owned, directly or indirectly, by or for the individual who has performed, is to perform, or may be designated (by name or by description) as the one to perform, such services. At all material times, Daryl Kell owned all of the shares in petitioner. We therefore find that the stock ownership requirement of section 542(a)(2) was met for both the 1996 and 1997 tax years. Next, we must determine whether the “tainted income” requirement of section 542(a)(1) has also been met. At leastPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011