Frederick C. Kumpel - Page 3

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               In 1993, petitioner began his own practice as a sole                   
          practitioner.  Petitioner’s practice included personal injury,              
          employment, real estate, and litigation.  Prior to opening his              
          law practice, petitioner consulted a certified public accountant            
          who offered to get petitioner an employer identification number             
          (EIN).  Petitioner did not obtain an EIN.                                   
               Once petitioner began practicing as a sole practitioner,               
          Smith contacted him requesting work.  There was no written                  
          employment contract, and petitioner agreed to allow Smith to set            
          her own work schedule at a rate of $10 per hour.  Smith would               
          generally telephone petitioner when she was unable to come into             
          the office on a particular day.  Petitioner required Smith to               
          keep track of the hours that she worked.  Petitioner paid                   
          membership dues to the Bakersfield Legal Secretaries Association            
          on behalf of Smith.  Petitioner had the authority to fire Smith             
          at any time, and Smith could quit her job at any time.  Smith was           
          free to accept another position if it would offer her more money.           
               Petitioner did not request that Smith work for him on                  
          Saturdays or Sundays.  From 1993 through 1997, Smith took a                 
          2-week vacation each summer.  Smith worked for third parties                
          while working for petitioner and sometimes completed work for               
          petitioner at her home.                                                     
               During the initial years of the law firm’s existence,                  
          petitioner operated his law practice out of his home, where Smith           
          performed her job duties.  In 1994, petitioner began to rent                






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