- 26 - 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,Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011