- 4 - (QPSC). The Commissioner later conceded that Lykins Inc. was not a QPSC in 1999, but stood firm in his belief that it became one in 2000. Trial was held in Ohio, where Lykins Inc. has always had its principal place of business. Discussion The Code’s various definitions of personal services corporations date back to a time when the top tax rate for individual income was much higher than the rate for corporations. This gave professionals an incentive to incorporate their practices to win the benefits available both to employees1 or corporations.2 Identifying certain personal services corporations as “qualified professional services corporations,” and taxing them at a flat rate of 35 percent, see sec. 11(b)(2),3 was Congress’s way to reduce the incentive for professionals to shelter part of their income in a corporate form with a lower marginal rate. As the House Ways and Means Committee explained: 1 As employees of a corporation, professionals could avail themselves of group term life insurance, medical reimbursement plans, death benefits, and a more generous retirement plan than if they remained self-employed. See Phillips, et al., “Origins of Tax Law: The History of the Personal Service Corporation”, 40 Wash. & Lee L. Rev. 433, 434-435 (1983); see also Chickasaw Ambulance Serv. Inc. v. United States, 1999 WL 33656862 (N.D. Iowa). 2 See sec. 469(a)(1)-(2), which prevent personal service corporations from deducting passive activity losses on the same terms as other corporations. 3 Unless otherwise stated, section references are to the Internal Revenue Code and regulations as amended and in effect for 2000.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011