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In Clark, the taxpayer was employed as branch manager in the
regional office of a periodical publishing company. In this
position, the taxpayer's duties included, in part, the hiring of
solicitors for magazine subscriptions. In the event an applicant
for an outside solicitor's position was a married female, the
taxpayer's policy was to interview the applicant's husband to be
certain the husband understood the conditions in which his wife
would be working and to obtain the husband's approval before
employing the applicant. Every husband of every female applicant
was interviewed either by the taxpayer or a person on his staff.
The incident at issue in Clark involved a female applicant
for an outside solicitor's position (the applicant). The
taxpayer interviewed the applicant and informed her that her
husband would have to be interviewed prior to her being hired.
Subsequently, by telephone, the applicant arranged a specific
date and time for the taxpayer to interview her husband at their
home because the husband's work schedule made it impractical for
him to be interviewed at the taxpayer's office.
The taxpayer arrived at the applicant's home at the agreed
date and time and was invited inside by the applicant. The
applicant informed the taxpayer that her husband was not at home,
and the taxpayer left a few minutes thereafter without agreeing
to employ the applicant. The taxpayer did not see the applicant
again that day.
Later that same day, the applicant swore out a warrant
against the taxpayer accusing him of assault with intent to rape.
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