- 12 - Terminal Cab, Inc. v. United States, supra at 580-581; Frische v. Commissioner, T.C. Memo. 2000-237; In re McAtee, 126 Bankr. at 572 (while truck drivers had some discretion as to route chosen to get to particular destination, drivers were obligated to follow directions of employer as to where and when to transport various loads). 2. Substantial Investment The fact that a worker provides his or her own tools generally indicates independent contractor status. See United Sates v. Silk, 331 U.S. at 716-717; Breaux & Daigle, Inc. v. United States, supra at 53. The drivers had a small investment in their mechanic's tools, which were incidental to their service of driving the truck, and their commercial driver's licenses. Although the drivers incurred some cost in their hand tools and in obtaining and maintaining their commercial driver's licenses, the amount of each driver's investment is insignificant in comparison to petitioner's substantial investment to acquire and maintain his five or six trucks. See In re McAtee, supra at 572; see also United Sates v. Silk, supra (value of the workers' tools was so minimal that this factor was not of great weight); Breaux & Daigle, Inc. v. United States, supra (same). Most importantly, the drivers had no investment in the trucking equipment; i.e., the tractors and the semitrailers. See Avis Rent A Car System, Inc. v. United States, supra at 430; cf.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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