- 16 - 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 toPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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