- 5 - involve the performance of services in one or more of the following fields-- (A) Health, (B) Law, (C) Engineering (including surveying and mapping), (D) Architecture, (E) Accounting, (F) Actuarial science, (G) Performing arts, or (H) Consulting. Substantially all of the activities of a corporation are involved in the performance of services in any field described in the preceding sentence (a qualifying field), only if 95 percent or more of the time spent by employees of the corporation * * * is devoted to the performance of services in a qualifying field. * * * [Emphasis added.] As relevant to this case, a corporation meets the ownership test if substantially all of the corporation’s stock (by value) is held directly (or indirectly) by employees performing services for the corporation in connection with activities involving a qualifying field. Sec. 448(d)(2)(B); see also sec. 1.448- 1T(e)(5), Temporary Income Tax Regs., 52 Fed. Reg. 22770 (June 16, 1987). II. The Parties’ Positions Petitioner asserts that, during 2002, approximately 70 percent of its activities involved the performance of services in the qualifying field of architecture. Petitioner asserts that the remaining 30 percent of its activities involved the performance of nonarchitectural services. Petitioner concludes that, because less than substantially all (less than 95 percent)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007