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F.2d 176, 179 (10th Cir. 1975), affg. 61 T.C. 564 (1974); Mayson
Manufacturing Co. v. Commissioner, supra.
Respondent concedes that the construction industry is
generally complex but contends that petitioner had not developed
a niche in medical construction by June 30, 1992. Respondent's
argument overlooks the fact that petitioner specialized in
complex projects from its inception, such as hospital operating
rooms, robotics facilities, high-quality glass-making plants, and
"clean" industrial rooms, all built to exacting specifications.
This factor favors petitioner.
4. General Economic Conditions
General economic conditions may affect a company's
performance and thus show the extent of the employee's effect on
the company. Rutter v. Commissioner, 853 F.2d 1267 (5th Cir.
1988); Mayson Manufacturing Co. v. Commissioner, 178 F.2d 115
(6th Cir. 1949). Respondent concedes that the construction
industry was weak in 1992. Despite this, petitioner had become
extremely successful by June 30, 1992. This factor favors
petitioner.
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