- 42 - 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 stopPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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