B & D Foundations, Inc. - Page 6




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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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Last modified: May 25, 2011