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number of visitors to Tucson during that time of year.
During the years at issue, petitioners employed two to six
servers for the breakfast and lunch shifts on weekdays. On
weekday evenings and on weekends during those years, petitioners
employed a hostess and two to six servers.
Cash Register at NDV
At the time petitioners purchased the cash register in 1986,
Tony Mastrangelo (Mr. Mastrangelo), the owner of Cactus King,
trained Mr. Katerelos in its operation.3
During the years at issue, when a hostess was on duty, that
person generally operated the cash register and was responsible
for entering sales into it, and when no hostess was on duty, or
if the hostess was busy, the servers entered their own sales into
the cash register. During those years, Mr. Katerelos also
entered sales into the cash register.4
Operation of the Cash Register5
The cash register could have been set at one of the fol-
lowing different modes by turning a key in the mode switch:
(1) Off, (2) register, (3) refund, (4) Z or reset, and (5) X or
read.
3 It is unclear from the record who trained other individuals
who operated the cash register during the years at issue.
4 It is unclear from the record how often Mr. Katerelos entered
sales into the cash register during the years at issue.
5 Unless otherwise indicated, our discussion of operation of the
cash register applies to all of the years at issue.
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Last modified: May 25, 2011