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Some of the facts have been stipulated, and they are so
found. The stipulation of facts and the attached exhibits are
incorporated herein by this reference. At the time of filing
their petition, petitioners resided in Costa Mesa, California.
During the period at issue, petitioner worked for Interstate
Brands Co. (IBC) as a bakery deliveryman. IBC is in the business
of producing and delivering baked goods.
Petitioner delivered baked goods to IBC’s customers,
including Costco and the Claim Jumper restaurant. Petitioner
drove a vehicle provided by IBC, and IBC paid for gas and
maintenance of the vehicle. On a typical workday, petitioner
arrived at IBC between 3 a.m. and 4 a.m. and loaded IBC’s truck
with baked goods. Petitioner delivered baked goods in a
territory assigned by IBC. IBC also required petitioner to
deliver baked goods to certain customers pursuant to IBC’s
schedule. For example, petitioner serviced 7-11 stores daily
pursuant to IBC’s rules. Petitioner completed his route between
12 p.m. and 2 p.m.
The working relationship between petitioner and IBC was
formalized in an agreement between the Local International
Brotherhood of Teamsters and IBC. Petitioner received a base
salary and a commission on the net sales of baked goods he
delivered. Petitioner did not pay for the product he delivered
to IBC’s customers. IBC determined petitioner’s workdays, and he
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