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petitioner’s construction activities and marketing its services
to builders. On workday evenings after he returns home or on
weekends, he informs and discusses with Mrs. Myers, among other
things, the amounts to bill the builders for petitioner’s work on
their jobs, petitioner’s payment obligations for equipment and
supplies, and petitioner’s weekly payroll for construction
workers, and he also works on bids he intends to submit to
builders on petitioner’s behalf.
Mr. and Mrs. Myers have always maintained petitioner’s
office in their home. Before petitioner’s incorporation, they
resided in Greeley, Colorado, approximately 50 miles north of
Denver.4 In early 1987, shortly after petitioner’s
incorporation, Mr. Myers decided to seek contracting work for
petitioner in Highlands Ranch, Colorado, approximately 20 to 30
miles south of Denver, where a number of large residential
subdivisions were being developed. However, it took Mr. Myers
some time to establish the reputation with the builders in
Highlands Ranch that enabled him to obtain substantial work from
4Originally, the B & D partnership had been operating in the
Boulder, Longmont, and north Denver areas. After construction
work declined in those areas in the mid-1980's, Mr. Myers had
obtained contracting jobs for the B & D partnership in Colorado
Springs, approximately 120 miles from his home in Greeley. For
several years, he spent many of his nights during the workweek at
an apartment, motel or mobile home in Colorado Springs and would
often see Mrs. Myers only on weekends. However, by early 1987,
construction work in Colorado Springs had also started to decline
following the Space Shuttle disaster.
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