Beiner, Inc. - Page 26

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          tailor petitioner’s business to the exclusive sale of                       
          Allen-Bradley parts and to manage petitioner’s business                     
          profitably throughout the subject years.  At all relevant times,            
          he was petitioner’s chief executive officer, chief financial                
          officer, president, secretary, and treasurer, and, in those                 
          capacities, he performed duties the nature, extent, and scope of            
          which were fundamental, substantial, and encompassing.  He was              
          primarily responsible for petitioner’s extraordinary growth, he             
          was irreplaceable in petitioner’s business operation and                    
          important to its success, and his services performed for                    
          petitioner were directly and inextricably related to the volume             
          of its sales.  In fact, when Beiner was unable to frequent                  
          petitioner’s warehouse for the 60-day period in 2000, its sales             
          ceased to grow.                                                             
               Although Beiner did not work exceptionally long hours in               
          petitioner’s business during the subject years (he worked for               
          petitioner an average of approximately 38 hours per week), nor              
          devote 100 percent of his time to that business (he additionally            
          worked approximately 19 hours a week for California Controls), he           
          cofounded petitioner’s business and has worked there continuously           
          since its inception in a managerial capacity as its primary                 
          officer and its most valuable employee.  In addition, his role              
          was distinguishable from the role of each of petitioner’s other             
          employees, all of whom he directed and supervised, in that they,            






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Last modified: May 25, 2011