Miller & Sons Drywall, Inc. - Page 23

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               On the other hand, although the drywall business did not               
          require highly technical knowledge, petitioner’s shareholder-               
          employees developed the skills and methods to accurately bid on             
          and complete projects within budget.  An individual could have              
          entered the drywall construction business with a mere $300                  
          investment, but there was no guarantee of success.  Darle                   
          credibly testified that a number of competitors emerged and                 
          failed since petitioner has been in existence.  Petitioner has              
          been engaged in the drywall business for more than 20 years, and            
          its success depends on the time-tested skills and judgment of its           
          key employees.  In a competitive industry such as this,                     
          petitioner’s development of business methods and techniques                 
          directly related to its success.  The successful execution of               
          these methods was complex or, at a minimum, difficult.  We also             
          believe that the leanness of petitioner’s management and the                
          multiple duties each shareholder-employee performed further weigh           
          against respondent.  Consequently, we find this factor to favor             
          petitioner.                                                                 
               D.  General Economic Conditions                                        
               Another factor we take into consideration is the employee’s            
          impact on the corporation’s success compared to the impact of the           
          general economic conditions.  See RTS Inv. Corp. v. Commissioner,           
          supra at 651.  This comparison helps indicate whether the                   







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Last modified: May 25, 2011