Calpo Hom & Dong Architects, Inc. - Page 4




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          determined a corrected tax liability of $13,135 and a deficiency            
          of $7,506 in petitioner’s 2002 Federal corporate income tax.                
               In response to the notice of deficiency, petitioner timely             
          filed a petition with this Court.                                           
                                       OPINION                                        
          I.   Applicable Code Sections and Regulations                               
               Section 11(a) imposes a tax on the taxable income of every             
          corporation.  Section 11(b)(1) provides graduated tax rates                 
          generally applicable to corporations.  However, section 11(b)(2)            
          provides:  “Notwithstanding paragraph (1), the amount of the tax            
          imposed by subsection (a) on the taxable income of a qualified              
          personal service corporation (as defined in section 448(d)(2))              
          shall be equal to 35 percent of the taxable income.”                        
               A corporation is a qualified personal service corporation if           
          it meets both the “function test” and the “ownership test” of               
          section 448(d)(2).  See sec. 1.448-1T(e)(3), Temporary Income Tax           
          Regs., 52 Fed. Reg. 22768 (June 16, 1987).  Under the function              
          test, “substantially all of the activities [of the corporation              
          must] * * * involve the performance of services in the fields of            
          health, law, engineering, architecture, accounting, actuarial               
          science, performing arts, or consulting”.  Sec. 448(d)(2)(A)                
          (emphasis added).  Section 1.448-1T(e)(4)(i), Temporary Income              
          Tax Regs., supra, further describes the function test:                      
               A corporation meets the function test if substantially                 
               all the corporation’s activities for a taxable year                    






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