- 50 - the 3-year period.17 While it is true that petitioners continued to use the trade or business of Alcon P.R. to manufacture Avitene after June 30, 1990, while MedChem U.S.A. established an Avitene manufacturing facility in Woburn, the use of Alcon P.R.’s business was not MedChem P.R.’s trade or business. In fact, petitioners have consistently reported in all but one instance that Alcon P.R. was Avitene’s manufacturer. That one instance is here where, solely for the purpose of Federal income tax, petitioners invite the Court to hold that MedChem P.R. was in fact Avitene’s manufacturer. We decline that invitation. Petitioners argue that MedChem P.R. had employees who performed Avitene-related services in Puerto Rico during the 3- year period. Petitioners assert that MedChem P.R. paid for the Avitene-related services of these individuals and that the individuals represented the interests of MedChem P.R. while working on Avitene matters. Petitioners assert that MedChem P.R. directed and controlled the Avitene-related work of these individuals and that no non-MedChem P.R. employee or entity had the ability to direct or control that work. Petitioners generally identify these individuals as the MedChem P.R. officers 17 Contrary to petitioners’ request, we do not find that MedChem P.R. employees purchased those raw materials or monitored the production of Avitene or any of the inventory. As discussed herein, employees of either Alcon P.R. or MedChem U.S.A. generally performed all of the services connected to Avitene during the 3-year period.Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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