- 9 - architectural or nonarchitectural.5 Petitioner concludes on the basis of the revenue summaries that of its 2002 revenue totaling $2,442,122,6 $1,710,502 was received for architectural services and $731,620 was received for nonarchitectural services. The fatal flaw in petitioner’s approach is that the revenue summaries measure the wrong data. Under the function test of section 448(d)(2), “substantially all of the activities * * * [must] involve the performance of services in the fields of * * * architecture”. (Emphasis added.) Section 1.448-1T(e)(4)(i), Temporary Income Tax Regs., supra, states: “Substantially all of the activities of a corporation are involved in the performance of services in any 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.) In other words, the appropriate inquiry is whether petitioner’s employees devoted substantially all of their time to the performance of architectural services. The revenue summaries 5 Petitioner’s architectural services included schematic design, design development, construction documents and bid negotiations, construction document support, and specialized architectural services; petitioner’s nonarchitectural services included space planning, space planning support, price planning, interior design, construction administration, specialized services, and outside consulting. 6 We note that petitioner’s revenue summaries indicate total 2002 revenue of $2,442,122, while its 2002 tax return indicates gross receipts of $2,728,291. Petitioner does not explain this discrepancy.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007