- 51 - and/or directors, the Kelly employees, certain MedChem U.S.A. employees, and a certain Alcon P.R. employee; petitioners assert that individuals in the latter two categories worked concurrently as employees of MedChem P.R. and either MedChem U.S.A. or Alcon P.R. Petitioners specifically identify these individuals as: (1) Mr. Perez and his staff from September 1, 1989, through June 30, 1990, (2) Messrs. Castro and Rivera from July 1990 through March 1991 and from April through August 1992, (3) Messrs. Castro and Velez from April 1991 through April 1992, (4) MedChem P.R. officers and/or directors Donaldson, Geffken, Moran, Sullivan, and Swann, (5) MedChem U.S.A. employees Acosta, Falvey, Ferdman, Micale, McDonough, Rudolph, Severance, Shepherd, Stevens, and Tanny, and (6) various unnamed engineers. We do not find that any of the listed individuals were MedChem P.R. employees. The presence of an employer-employee relationship is a factual determination that rests on the principles of common law. See, e.g., Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 322-324 (1992); Matthews v. Commissioner, 92 T.C. 351, 360 (1989), affd. 907 F.2d 1173 (D.C. Cir. 1990); Professional & Executive Leasing, Inc. v. Commissioner, 89 T.C. 225, 232 (1987), affd. 862 F.2d 751 (9th Cir. 1988); Simpson v. Commissioner, 64 T.C. 974, 984-985 (1975); see also sec. 3121(d)(2). Factors commonly considered by courts in determining such a relationship are the: (1) Right to control the details ofPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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