Chander and Ashima K. Kant - Page 8

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            sabbatical activities, and that the benefits received by either                           
            NUS or Seton Hall from petitioner's sabbatical activities were                            
            attenuated and incidental.5  On the other hand, respondent argues                         
            that petitioners have failed to produce adequate documentation to                         
            establish that petitioner was anything other than an employee                             
            with respect to his activities at NUS.                                                    
                  Petitioners have failed to present sufficient evidence                              
            concerning petitioner's relationship with NUS.  Although there is                         
            some evidence relating to the activities performed during the                             
            sabbatical itself, we are particularly troubled by the absence of                         
            documentation pertaining to petitioner's agreement with NUS.  The                         
            omitted documents are those which would assist in defining the                            
            nature of the relationship between petitioner and NUS.  For                               
            example, one missing document mentioned by petitioner at trial                            
            was the actual letter from NUS to petitioner, appointing him as a                         
            "Senior Fellow".  The available documentary evidence, including                           
            forms from the Inland Revenue Authority of Singapore, indicates                           
            that NUS treated petitioner as an employee.  Therefore,                                   
            petitioner has failed to meet his burden of proving that he was                           
            anything other than an employee.  Rule 142(a).                                            



            5  Since the payments in question were made directly to                                   
            petitioner by NUS, and there is nothing in this record indicating                         
            that Seton Hall had some financial arrangement with NUS or                                
            otherwise directed petitioner's activities at NUS, we look only                           
            to the relationship between petitioner and NUS to determine if he                         
            was an employee.                                                                          




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