Robert Patrick Day - Page 12




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          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.            






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