- 23 - 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 thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011