Richard K. and Christine M. McGirl - Page 4

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          Diner, and as part of her duties, she prepared the employees'               
          payroll records, issued paychecks, and prepared quarterly payroll           
          tax reports.                                                                
          The Yogurt Station                                                          
               The Yogurt Station was formed in 1985; it was wholly owned             
          by Mr. McGirl during the years in issue.  Petitioners were                  
          involved with the Yogurt Station since its inception.  Income and           
          expenses were reported for Federal income tax purposes on Forms             
          1120S.                                                                      
               The Yogurt Station was in the business of operating a fast             
          food retail store that was located in a shopping mall known as              
          Bandana Square in St. Paul, Minnesota.  It sold yogurt products,            
          sandwiches, salads, and beverages.  The storage space available             
          to the Yogurt Station was inadequate for the business.                      
          Petitioners often drove to pick up food and supplies that vendors           
          would not deliver.  The Yogurt Station employed several                     
          individuals to provide services on a part-time basis for                    
          compensation.                                                               
               Mrs. McGirl worked full time at the Yogurt Station and was             
          responsible for depositing its receipts to the business bank                
          account and for writing checks to suppliers and employees.  She             
          was also primarily responsible for tallying the Yogurt Station's            
          daily receipts.  Mrs. McGirl maintained a notebook in which she             
          recorded the daily sales figures.  She provided the daily sales             
          figures to Mr. McGirl.                                                      
               Mr. McGirl also worked at the Yogurt Station and was                   


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