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Liquidators (Southeast). Southeast is a recreational vehicle
broker owned by Roger Ruess (Mr. Ruess). Petitioner worked for
Southeast throughout Florida for 106 days during 1999.
For a portion of 1999, Southeast conducted temporary offsite
recreational vehicle sales shows (RV shows) on behalf of Revels
Nationwide RV (Revels).3 Southeast would set up the RV shows and
sell recreational vehicles on behalf of Revels. The RV shows
typically lasted between 3 to 5 days. Revels did not participate
in the sales at the RV shows.4 At the end of each RV show, Mr.
Ruess delivered all sales contracts to Revels.
Southeast’s salesmen sold recreational vehicles to customers
at the RV shows. At the time of each sale, the salesman prepared
a worksheet. James Osburn (Mr. Osburn), a subcontractor who
worked for Mr. Ruess, generally prepared the sales contract from
the salesman’s worksheet. Either Mr. Ruess or Mr. Osburn
approved each sale negotiated by a salesman.
Mr. Osburn maintained a computer database of the sales made
by each salesman. The information from each sales contract was
contemporaneously recorded in the computer database for the
appropriate salesman at the time of each sale.
3 In 1999, Revels sold recreational vehicles at its sales
lot located in Jacksonville, Florida, and at RV shows held
throughout Florida by Southeast.
4 In situations where customers offered less than the cost
of the recreational vehicle, Revels was contacted to approve the
sale.
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Last modified: May 25, 2011