- 7 - subject to seasonal variations, and Ms. Poyda was engaged in other time-consuming activities--employment with the Medford Area Chamber of Commerce, helping with petitioners’ other business activities, and her role in raising their four children. Both of these facts support the conclusion that Ms. Poyda did not adhere to the alleged contract by working 35 hours each week. Third, while Ms. Poyda did perform some services in connection with the tree farm, these services were performed more in the nature of a co-owner than an employee. Petitioners stipulated the fact that they owned and operated the tree farm and that they jointly owned the property on which the farm was located. This signifies joint responsibility for the farm, rather than the existence of an employer-employee relationship. Furthermore, Ms. Poyda also assisted her husband with similar activities in their other business endeavors without receiving compensation therefor. This indicates she was not treated as an employee in any of these contexts. We find that the expenses were not ordinary and necessary expenses incurred in connection with the tree farm. See Welch v. Helvering, supra. There is nothing in the record to indicate any connection between the medical benefits Ms. Poyda received and her assistance on the farm, or even her assistance with petitioners’ other endeavors, regardless of whether that assistance was as an employee or as a co-owner. We find thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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