Calpo Hom & Dong Architects, Inc. - Page 3




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               During 2002, petitioner was owned 100 percent by architects            
          licensed to practice in the State of California.  Petitioner                
          timely filed a Form 1120, U.S. Corporation Income Tax Return, for           
          2002, identifying its business activity as architecture.                    
          Petitioner reported gross receipts of $2,728,291, cost of goods             
          sold of $850,006, total income of $1,857,382, total deductions of           
          $1,819,853, taxable income of $37,529, and total tax of $5,629.             
          To calculate the total tax, petitioner used the graduated tax               
          rates generally applicable to corporations, as provided in                  
          section 11(b)(1).                                                           
               On November 18, 2004, respondent issued petitioner a notice            
          of deficiency stating:                                                      
               It is determined that for the taxable year shown below                 
               [2002], CALPO HOM & DONG ARCHITECTS INC is a Personal                  
               Service Corporation that is subject to a special flat                  
               income tax rate of 35%.                                                
               The corporation is a qualified Personal Service                        
               Corporation because substantially all of the                           
               corporation’s activities involve the performance of                    
               services in the fields of health, law, engineering,                    
               architecture, accounting, actuarial science, the                       
               performing arts, or consulting, and substantially all                  
               of the stock of the corporation is held by employees                   
               performing services for the corporation, retired                       
               employees, employees’ or retired employees’ estates or                 
               persons acquiring stock by reason of an employees’                     
               death.                                                                 
          Using the flat 35-percent tax rate applicable to qualified                  
          personal service corporations under section 11(b)(2), respondent            









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