James B. Miller, Jr. - Page 3

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               At petitioner's warehouse, scrap metal was prepared for                
          resale and shipped or delivered personally by petitioner or his             
          employees to wholesalers throughout southern Florida.                       
               Petitioner maintained the home office because there was no             
          suitable space in the warehouse for him to perform necessary                
          administrative and management work relating to his scrap metal              
          recycling business.  Most of the time during which petitioner               
          worked on his scrap metal recycling business, petitioner was                
          physically located in his home office.                                      
               Petitioner used the home office mainly to place telephone              
          calls to potential customers and to maintain data and                       
          spreadsheets on his computer relating to operation of his scrap             
          metal recycling business.  Over the telephone from his home                 
          office, petitioner generally made arrangements for the purchase             
          and resale of scrap metal.  Telephone calls received at the                 
          warehouse were routed first to the home office and then, if not             
          answered at the home office, were transferred to the warehouse.             
               Petitioner prepared at his home office advertising material,           
          brochures, and fliers to mail to customers.  On such material,              
          the address indicated for petitioner’s business was the warehouse           
          address, not petitioner’s home address.                                     
               Petitioner often would meet with customers at their places             
          of business.  Other than for entertainment, petitioner never met            
          with customers in his home office.                                          






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Last modified: May 25, 2011