John L. Ginger Masonry, Inc. - Page 16

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               The first category of factors identified by the Court of               
          Appeals for the Ninth Circuit concerns the employee's role in the           
          company.  Relevant considerations include Ginger's                          
          qualifications, hours worked, duties performed, as well as his              
          general importance to petitioner's success.  American Foundry v.            
          Commissioner, 536 F.2d 289, 292-293 (9th Cir. 1976), affg. in               
          part and revg. in part 59 T.C. 231 (1972).                                  
               Ginger was a highly motivated employee working as much as              
          15.5 hours a day.  His evenings and weekends were often spent               
          marketing petitioner's services to existing customers and                   
          potential customers.                                                        
               Despite his lack of formal business training, Ginger                   
          acquired the skills necessary to manage every facet of                      
          petitioner's operations.  He attended economic forecast                     
          luncheons.  He joined organizations that gave him access to other           
          business executives and entrepreneurs, and he sought advice from            
          these individuals.                                                          
               Ginger handled all of petitioner's executive and managerial            
          duties.  Other employees assisted Ginger, but petitioner had no             
          other managers or executives.  Ginger received assistance in the            
          areas of bookkeeping, field supervision, and estimating, but that           
          assistance extended only to routine matters.  Ginger devised and            
          implemented petitioner's corporate strategy of targeting the                
          large residential developers.  Ginger's financial discipline and            
          marketing abilities brought petitioner's corporate strategy to              




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