Medchem (P.R.), Inc. - Page 51




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          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 of           






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