- 190 - gave rise to the commissions at issue, was signed by petitioner on behalf of CTC and was in fact with CTC. The evidence shows that Galion did business with CTC and dealt with Diesel Power as CTC's Iranian affiliate. There is also evidence that Galion employees believed that Diesel Power, CTC, and petitioner were essentially the same. Petitioner and CTC employees controlled the timing and payment of commissions from Galion by issuing bills and directing payment. On a number of occasions there were payments made directly to Diesel Power without such instructions from CTC. Petitioner and CTC employees corrected this by advising Galion of the correct procedures to be used, which usually included direct payments to CTC. When other important problems arose, such as a changeover of power in an Iranian ministry, or the failure of Mr. Khalatbari to sign a contract in 1978, petitioner was expected to resolve them. There is evidence that Diesel Power employees performed some of the legwork required to earn the commissions by obtaining price quotations and arranging for sales in Iran. However, unlike work performed for other companies, it appears that all of this work was performed at petitioner's direction and control, and that Diesel Power was considered to be an Iranian branch of CTC for Galion sales. Therefore, we conclude that petitioner earned all of the Galion commissions that were paid or attributed to Diesel Power and that petitioner should have reported them asPage: Previous 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 Next
Last modified: May 25, 2011