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The workers were paid on a per-project basis, performing such tasks
as: Packaging and selling the nuts and fruit, watering and pruning
the trees, and performing general maintenance around the Corona
property. In addition to hiring these workers, petitioners
improved the roads to provide easier access to the Corona property
and installed 900 feet of fencing to prevent thieves from stealing
their macadamia nut and persimmon produce.
Initially, petitioners attempted to sell their nut and fruit
produce at the Fuyu co-op in Temecula, California; however, the co-
op’s quality standards prevented a substantial portion of
petitioners’ produce from being sold. In an attempt to increase
revenues, Mr. Ramirez (on behalf of petitioners) began selling the
macadamia nuts and persimmon fruit at roadside stands. However,
this activity ceased after Mr. Ramirez was confronted by competing
vendors and the local authorities regarding his lack of the
required business licenses. Thereafter, petitioners derived most of
their revenue through consigning their goods at swap meets. Unsold
produce was often donated to charity.
During the years in issue, petitioner generally visited the
Corona property three times a week. During weekday trips, he
typically spent the night at the Corona property and returned to
his full-time job the following morning. On weekends, petitioner
usually stayed at least one night, and often he stayed until Sunday
evening before returning home to Cerritos. Mrs. Dirkse often
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