Medchem (P.R.), Inc. - Page 50




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          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.                                                   





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