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D. Petitioner’s Other Employees
In addition to Beiner, petitioner employed five individuals
during the subject years. Each of these other employees reported
to Beiner. These other employees and their positions or the
departments in which they worked were as follows:
Name Position or Department
Adam Caldwell (Caldwell) Vice president and sales manager
Jennifer Shows (Shows)1 Purchasing manager
Becky Gonzalez (Gonzalez) Office manager
Frankki R. Andrade (Andrade) Receiving and sales
James T. Loftus (Loftus) Shipping
1 Shows is now named Jennifer Caldwell. We refer to her by
her former name, which was her name during the subject years.
Petitioner paid salaries to Caldwell, Shows, and Gonzalez in a
capacity that it designated during the subject years as
“clerical”. Petitioner paid salaries to Andrade and Loftus in a
capacity that it designated during the subject years as
“warehouse work”. Petitioner paid a salary to Beiner in a
capacity that it designated during the subject years as
“officer”.
Caldwell began working for petitioner in 1991, and he has
served as its vice president since 1992.3 During the subject
3 During the relevant years, petitioner’s officers were
Beiner, Caldwell, and Donna Marie Beiner. (The record does not
disclose the relationship, if any, between this woman and
Beiner.) In 1993, Caldwell was petitioner’s second vice
president, and Donna Marie Beiner was petitioner’s first vice
president. Since at least Dec. 3, 1995, Caldwell and Donna Marie
Beiner have both been vice presidents of petitioner, without any
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