- 48 - describe the events they deal with, and (2) the events that occurred before Alvarado was hired were consistent with these statements--except, of course, to the extent that the statements are contrary to the parties’ stipulations. We give little weight to the Cruz declaration’s account of the 2 weeks when he was Zamora’s assistant and the 1-1/2 weeks after Zamora’s death. We conclude from the foregoing that, for the period before the Court, EAPR’s employees provided substantial supervision to the PPI employees (the lease employees) who did the video game manufacturing for EAPR in Puerto Rico. Although there is room for further factual development, the material offered by respondent leads us to the conclusion that, if any such development were to show us that respondent’s proffered materials fully and accurately described the facts, then we would conclude that the supervision requirement of MedChem has been satisfied. In other words, on this issue, petitioners win on the facts as described in respondent’s materials. Thus, although there may be a genuine issue as to the extent of EAPR’s supervision of the manufacturing process, there is not a genuine issue as to a material fact with regard to EAPR’s qualification for possession tax credits for the years in issue.Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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