Terry R. Hardtke and Nancy Hardtke - Page 7

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                    and Mr. Michell.  It will be accounted as $4,000                  
                    for Mr. Hardtke and $3,000 for Mr. Michell.                       
          The first clause of the March 3, 1987 Agency board minutes quoted           
          above unequivocally provides that Mr. Hardtke was to earn compen-           
          sation and that that compensation was to be paid by Agency to               
          Dinan.  Although those minutes further provide that Agency was to           
          pay Dinan for Mr. Hardtke's services, they do not establish that            
          a contractual relationship existed during 1987 for Dinan to                 
          provide its services to Agency through its employee, Mr. Hardtke.           
               Even assuming arguendo that we were to read the second                 
          clause of the March 3, 1987 Agency board minutes quoted above as            
          providing that Dinan was to earn compensation for rendering its             
          services to Agency through its employee, Mr. Hardtke, --a reading           
          that we find to be quite strained--we would be left in equipoise            
          as to the intended meaning of those minutes.  This is because, on           
          the one hand, they provide that Mr. Hardtke was to earn compensa-           
          tion and that that compensation was to be paid to Dinan, and, on            
          the other hand, under that assumed reading, they provide incon-             
          sistently that Dinan was to earn compensation for rendering its             
          services to Agency through its employee, Mr. Hardtke.  Conse-               
          quently, petitioners would have failed to establish that Dinan,             
          and not Mr. Hardtke, was to earn the compensation in question.              
               Based on the entire record before us, we find that petition-           
          ers failed to prove that Mr. Hardtke did not earn the income that           
          Agency paid to Dinan with respect to Mr. Hardtke's services to              





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