B & D Foundations, Inc. - Page 31




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          years as of the beginning of petitioner’s fiscal year ended July            
          31, 1996.                                                                   
               This factor favors respondent.                                         
               E. Economic Conditions                                                 
               If general economic conditions are favorable, they may                 
          downgrade the extent of the employee’s effect on the company’s              
          performance.  Mayson Manufacturing Co. v. Commissioner, 178 F.2d            
          115, 119-120 (6th Cir. 1949), revg. and remanding a Memorandum              
          Opinion of this Court.                                                      
               The record reflects the construction boom in Douglas County            
          from 1990 through 1996.  Indeed, with some help and guidance from           
          Mr. Myers, Myers Foundations and Collins Concrete, two other                
          foundation and flat work contracting companies that he helped               
          establish, were able to operate successfully and obtain                     
          substantial business during 1995 and 1996.                                  
               Although the construction boom in Douglas County contributed           
          to petitioner’s profitability during these years, the record also           
          reflects that petitioner was a well managed company whose work              
          enjoyed an excellent reputation among builders and other                    
          construction industry people in the Denver, Colorado, area.                 
               This factor is neutral because petitioner’s financial                  
          success was not due merely to fortuitous economic conditions.               
          Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. at 1158;              
          Neils v. Commissioner, T.C. Memo. 1982-173.                                 






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