Alice Berger, et al. - Page 42

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          business increased, and she began to receive payments directly              
          from the Woodbine business account.                                         
               Although Alice Berger never participated in the day-to-day             
          operations of the Woodbine business after June 1986, neither did            
          Howard Berger.  Cf. Blunt v. Commissioner, supra (joint owner of            
          real estate was sole and active operator and owner of the                   
          business).  Gregg Kunkowski managed the operations, soliciting              
          customers, negotiating contracts with customers and contractors,            
          paying the bills, and keeping the books and records.  He                    
          approached the Bergers only for major decisions.                            
               In 1986, Gregg Kunkowski presented an employment proposal to           
          Dr. Forgotson, Alice Berger's attorney, who drafted an employment           
          agreement.  On December 1, 1986, Alice Berger signed the                    
          agreement (as did Howard Berger)                                            
               between ALICE BERGER and HOWARD BERGER, husband and                    
               wife, and owners of the Woodbine Cemetery and                          
               Mausoleum, * * * hereinafter referred to as the                        
               "employers", and GREGG KUNKOWSKI, * * * hereinafter                    
               referred to as the "employee".                                         
          By presenting the employment agreement to Alice Berger's                    
          representative, Gregg Kunkowski treated Alice Berger as an owner            
          of the business.  By signing the employment agreement, Alice                
          Berger bound herself to the terms of the agreement and evidenced            
          her acceptance of the benefits and burdens of her joint ownership           
          of the Woodbine business.                                                   
               By September 22, 1987, Alice Berger exercised enough control           
          over the Woodbine business to order Gregg Kunkowski to stop                 





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