B & D Foundations, Inc. - Page 23




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          familiarity with general business matters and with office and               
          administrative support functions, having previously worked as a             
          computer programmer and stockbroker.  After joining Mr. Myers in            
          managing petitioner, she obtained a bachelor’s degree in business           
          in 1990.                                                                    
               This factor favors petitioner with respect to Mr. Myers but            
          is neutral with respect to Mrs. Myers.                                      
               B.  The Nature, Extent, and Scope of Mr. and Mrs.                      
          Myers’s Work                                                                
               An employee’s position, hours worked, duties performed, and            
          general importance to the success of the business may justify               
          high compensation.  Home Interiors & Gifts, Inc. v. Commissioner,           
          supra at 1158.                                                              
               Mr. Myers was petitioner’s key employee and driving force              
          from its inception, and his personal services were essential to             
          its success.  He managed and built up petitioner’s business,                
          solicited and obtained all petitioner’s jobs, and supervised and            
          was responsible for all work performed.                                     
               On brief, respondent argues that, by the year ended July 31,           
          1996, Mr. Myers had substantially reduced the hours per week he             
          worked for petitioner, and was devoting a substantial percentage            
          of his time to the businesses of Myers Foundations and Collins              
          Concrete.  In doing so, respondent relies heavily on a tax return           
          filed for the same period by Myers Foundations, the foundation              
          and flat work construction company that Mr. Myers and his son               





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