- 6 - another of the professions snagged in the QPSC net: only if 95 percent or more of the time spent by employees of the corporation, serving in their capacity as such, is devoted to the performance of services in a qualifying field. For purposes of determining whether this 95 percent test is satisfied, the performance of any activity incident to the actual performance of services in a qualifying field is considered the performance of services in that field. 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. 22766 (June 16, 1987) (emphasis added). Lykins’s decision to split his business thus threatens to ensnare him: The Code itself lists “accounting” as one of the qualifying fields, and the regulations carefully distinguish investment advice sold for a fee from investment advice sold incident to a brokerage service producing commissions.4 Lykins Financial, whose income was entirely in the form of commissions was not, under the regulation, selling services in a qualifying field. Lykins Inc. was. The Commissioner argues that when Lykins Inc. hived off its investment business from its accounting services, it necessarily left behind only the qualifying field of accounting. He asserts that if employees generated commission income, they were Lykins 4 Sec. 1.448-1T(3)(4)(iv)(B), Examples (4),(5),(10), Temporary Income Tax Regs. 22767 (June 16, 1987).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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