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firewood, and transporting the wood by tractor from their distant
farmhouse to their home. If Mr. Speltz took the older children
in the trailer when he picked up the firewood, he might spend up
to 2 hours returning because he drove the children around the
property.
During the snowy Minnesotan winter months, Mr. Speltz plowed
petitioners’ driveway and shoveled snow from the walkway to
petitioners’ house. Mr. Speltz did this several times daily on
blustery days as Mrs. Speltz’s clients were usually mothers
carrying small children who dropped them off and picked them up
at several times during the day (Mr. Speltz sometimes left his
full-time job to do this).
Mrs. Speltz directed that Mr. Speltz perform only childcare
and maintenance tasks, and she made contemporaneous notes
detailing his activities. Mr. Speltz’s assistance was integral
to Mrs. Speltz’s daycare business. Moreover, as the nature of
Mr. Speltz’s daycare-related work varied little, he required
minimal instruction. Though petitioners derived a personal
benefit from some of Mr. Speltz’s activities, Mr. Speltz would
not have spent the amount of time or devoted the degree of care
to those activities were there no daycare business.
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Last modified: May 25, 2011