- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011