Regina Felton, PC - Page 8

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                         (iii) the estate of any individual described                 
                    in clause (i) or (ii), or                                         
                         (iv) any other person who acquired such stock                
                    by reason of the death of an individual described                 
                    in clause (i) or (ii) * * * .                                     
               To be a qualified personal service corporation, a                      
          corporation must satisfy two tests under the regulations:  the              
          function test and the ownership test.  Sec. 1.448-1T(e)(3), (4),            
          and (5), Temporary Income Tax Regs., 52 Fed. Reg. 22768 (June 16,           
          1987), as amended by T.D. 8329, 56 Fed. Reg. 485 (Jan. 7, 1997),            
          and T.D. 8514, 58 Fed. Reg. 68299 (Dec. 27, 1993).  There is no             
          dispute here that the function test was satisfied because                   
          petitioner’s sole activity was the performance of services in the           
          field of law.6  See sec. 1.448-1T(e)(4), Temporary Income Tax               
          Regs., 52 Fed. Reg. 22768 (June 16, 1987), as amended by T.D.               
          8329, 56 Fed. Reg. 485 (Jan. 7, 1997), and T.D. 8514, 58 Fed.               
          Reg. 68299 (Dec. 27, 1993).  Instead, at the center of this                 
          dispute is whether petitioner satisfied the ownership test.                 
               The ownership test requires that substantially all of the              
          corporation’s stock is held directly by employees performing the            
          corporation’s services, here, in the field of law.  Sec.                    
          448(d)(2)(B)(i); sec. 1.448-1T(e)(5)(i)(A), Temporary Income Tax            

               6  The function test requires that 95 percent or more of               
          corporate employees’ time be spent on providing services in one             
          of the enumerated fields, which include law.  See sec. 1.448-               
          1T(e)(4), Temporary Income Tax Regs., 52 Fed. Reg. 22768 (June              
          16, 1987), as amended by T.D. 8329, 56 Fed. Reg. 485 (Jan. 7,               
          1997), and T.D. 8514, 58 Fed. Reg. 68299 (Dec. 27, 1993).                   





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