Beiner, Inc. - Page 14

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               Petitioner did not have a formal compensation plan, and it             
          did not have a written employment agreement with Beiner.  During            
          each subject year, petitioner generally paid its employees other            
          than Beiner one twenty-fourth of their annual salary on the 1st             
          and the 15th of each month, and it paid them bonuses on December            
          31.  During both years, Beiner generally was entitled to a fixed            
          salary of $50,000 per month and a bonus in December.  Beiner did            
          not always receive the monthly salary to which he was entitled              
          when he was entitled to it because of problems that petitioner              
          experienced with its cashflow.  During 1999, petitioner paid                
          $25,000 in salary to Beiner on January 1, September 1, September            
          15, October 1, October 15, November 1, November 15, December 1,             
          and December 15, and it paid $862,000 (inclusive of the $487,000            
          bonus) to Beiner on December 31.  During 2000, petitioner paid              
          $25,000 in salary to Beiner on January 1, January 15, February 1,           
          February 15, June 1, June 15, July 1, July 15, August 1, August             
          15, September 1, September 15, October 1, October 15, November 1,           
          November 15, December 1, and December 15, and it credited him               
          with two payments of $450,000 (inclusive of the $750,000 bonus)             
          on December 31.                                                             
               In December of each subject year, petitioner’s accountant,             
          Thomas Gallardo (Gallardo), met with Beiner to ascertain the                
          bonus that petitioner paid to Beiner during that year.                      
          Petitioner generally ascertained each bonus by using a formula              






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