Calpo Hom & Dong Architects, Inc. - Page 5




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               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)            







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