Beiner, Inc. - Page 9

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          authorized to change, and reviewed petitioner’s financial                   
          statements and other records.  He decided the credit limit that             
          petitioner gave to each of its customers, and he was responsible            
          for petitioner’s exceptionally low number of uncollectible                  
          receivables.  He also directed and evaluated employee performance           
          and was responsible for hiring and firing all of petitioner’s               
          employees.                                                                  
               Petitioner conducted its business out of a warehouse with              
          small offices in front, and it dealt with its customers by                  
          telephone rather than face to face.  During the subject years,              
          Beiner worked directly for petitioner approximately 38 hours per            
          week, in addition to the approximately 19 hours per week which he           
          worked for California Controls, and he generally was at                     
          petitioner’s warehouse approximately 85 percent of the hours in             
          its workweek.  When he was away from the warehouse, he remained             
          accessible to his staff by cell phone, facsimile, and overnight             
          mail, and he continued to make all of petitioner’s managerial and           
          policy decisions and to direct and control petitioner’s business.           
               In January 2000, Beiner suffered a heart attack, and he                
          stayed away from petitioner’s warehouse for approximately 60                
          days.  Petitioner’s business did not grow during that 60-day                
          period.                                                                     









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Last modified: May 25, 2011