Matthew Hudack and Kristen Hudack - Page 5

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          territory.  The agreement set petitioner’s compensation on a                
          commission schedule based on the business category for the                  
          products that he sold.4  In addition, Manulife provided                     
          petitioner with an annual reimbursement allocation, which                   
          petitioner could use for any business-related expense.5                     
          Petitioner, however, was responsible for business expenses                  
          exceeding his reimbursement allocation.  Manulife did not pay               
          petitioner for vacation days, but Manulife provided that                    
          petitioner was eligible to enroll in its benefit and retirement             
          plans.                                                                      
               Petitioner’s responsibilities were to identify sales                   
          opportunities for insurance agents, brokers, financial planners,            
          and stockbrokers and to provide financial plans for their                   
          clients.  As the regional director, petitioner reported his goals           
          and objectives to the western regional manager.  In his sales               
          presentations, petitioner used financial planning information               
          packets that were preapproved by Manulife.6  Petitioner’s only              
          office location was the Irvine office.  Petitioner purchased his            


               4  Although not further explained in the record, it appears            
          that petitioner received an annual base salary of $60,000 for old           
          sales commissions as evidenced in his 1999 monthly compensation             
          statements.                                                                 
               5  The record does not disclose the amount of petitioner’s             
          reimbursement allocation, nor does it explain Manulife’s                    
          reimbursement procedures.                                                   
               6  For 1999, petitioner led the company in sales for life              
          insurance products.                                                         




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