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Western Sizzlin’ SW. Bob Palmer (Palmer), manager of Western
Sizzlin’ SW, continuously managed the day-to-day operations of
the Western Sizzlin’ SW restaurant during the years in issue.
In 1995, Shaw Ltd. made renovations to Western Sizzlin’ SW.
The renovations consisted of expanding the seating area,
extending the entry to create a cashier area, relocating the
restrooms, adding a cleaning closet, and expanding the parking
lot. The renovation work was done at night so that the
restaurant could remain open.
Petitioner met with Palmer regularly, about 14 hours a week
during the 15-week construction period, to discuss the
renovations and business operations of the Western Sizzlin’ SW
restaurant. Petitioner made the final decisions on the
operations and policy of the Western Sizzlin’ SW restaurant,
including the type of food served, the meat quality, the
seasoning used on the steaks, the use of a vacuum tumbler to
marinate the steaks, the baking of fresh bread, the addition of
scatter bars throughout the restaurant, and the addition of a
cotton candy machine and desserts to the buffet. After the
renovations were completed in August 1995, petitioner met with
Palmer occasionally, about 3 hours a week, to review and discuss
the financial statements. In 1996, petitioner ate dinner at the
restaurant 3 nights a week.
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