Herold Marketing Associates, Inc. - Page 20




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          salary was 88.45 percent of taxable net income (before deducting             
          his compensation) in 1992 and 90.27 percent in 1993.                         
          5.  General Economic Conditions                                              
               This factor helps to determine whether the success of a                 
          business is attributable to general economic conditions, as                  
          opposed to the efforts and business acumen of the employee.                  
          General economic conditions may affect a business' performance               
          and indicate the extent (if any) of the employee's effect on the             
          company.  Adverse economic conditions, for example, may tend to              
          show that an employee's skill was important to a company that                
          grew during the bad years.  Mad Auto Wrecking, Inc. v.                       
          Commissioner, supra.                                                         
               Petitioner has faced economic ruin and been forced to                   
          reinvent itself on at least three separate occasions.  Its sales             
          went from $1 million in its first year to $70 million in 1984.               
          Sales fell to less than $1 million in 1985 and were back up to               
          nearly $44 million by 1993.                                                  
               In 1984, petitioner lost its sales representation contract              
          with Apple.  This accounts for the precipitous sales decline in              
          1985.  While petitioner represented Apple, it had developed                  
          Apple's four largest accounts nationwide.  Herold devised a                  
          strategy of targeting these four largest accounts and selling                
          other electronics products to them.  He succeeded with three of              
          these jumbo accounts.  Just as that strategy was beginning to                
          take hold, all three of these accounts ran into adverse economic             
          conditions and became insolvent.  Again, petitioner saw its                  

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