- 34 - Emile or Louise rendered any significant advice to Haff in the capacity as an employee (as opposed to a director) that was necessary or significant enough to distinguish Emile and Louise from petitioner’s other employees. In fact, the record reveals that Emile and Louise performed during the subject years mainly the type of clerical, nonmanagerial work that could be performed by the staff employees of an office. The record also reveals that both Emile and Louise devoted significantly less than 100 percent of their time to petitioner, given the fact that each of them worked significant hours on the business of the related entities of the Haffner/Fournier family. Nor do we believe that petitioner’s business would have suffered had Emile or Louise severed his or her affiliation with the company. Any void created by the loss of Emile and/or Louise could have been filled by one or more other employees. Emile’s and Louise’s circumstances in this case are fairly common in the world of closely held business. Presumably, they were vibrant, energetic, and highly productive individuals in petitioner’s earlier years, when its business grew and became successful. In order to manage that growth, however, they developed an organizational structure that included the next generation of managers and support staff. Throughout the years, Emile’s and Louise delegated many of their managerial responsibilities to the new organization so that Emile’s andPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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