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reasonably be expected to create) a
picture, painting, sculpture,
statue, etching, drawing, cartoon,
graphic design, or original print
edition.
(ii) Criteria.--In
determining whether any expense is
paid or incurred in the trade or
business of being an artist, the
following criteria shall be taken
into account:
(I) The originality
and uniqueness of the item created
(or to be created).
(II) The
predominance of aesthetic value
over utilitarian value of the item
created (or to be created).
(D) Treatment of certain
corporations.--
(i) In general.--If--
(I) substantially
all of the stock of a corporation
is owned by a qualified employee-
owner and members of his family (as
defined in section 267(c)(4)), and
(II) the principal
activity of such corporation is
performance of personal services
directly related to the activities
of the qualified employee-owner and
such services are substantially
performed by the qualified
employee-owner,
this subsection shall apply to any
expense of such corporation which
directly relates to the activities
of such employee-owner in the same
manner as if such expense were
incurred by such employee-owner.
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Last modified: May 25, 2011