- 16 - payment of higher tolls, petitioner charged him for the extra expense. We do not find this instance of a driver's liability for the extra toll charges supportive of petitioner's assertion that his drivers were independent contractors. Charging an employee for losses caused by the employee is not incompatible with employee status. See Gierek v. Commissioner, T.C. Memo. 1993-642 (employee stockbroker charged for substantial trading loss errors); Butchko v. Commissioner, T.C. Memo. 1978-209 (racetrack teller's cash register shortages characterized as employee business expenses and deductible only as itemized deductions), affd. 638 F.2d 1214 (9th Cir. 1981). This factor supports respondent's determination that the drivers were employees. 5. Special Skill Although the Court recognizes that driving a truck requires skill, we do not think that it is the type of skill envisioned by the Court of Appeals for the Second Circuit in deciding Avis Rent A Car System, Inc. v. United States, 503 F.2d 423 (2d Cir. 1974). See In re McAtee, 126 Bankr. at 572. Rather, the special skill pertains to services that are outside of the ordinary course of petitioner's business. See id.; McLaughlin v. Seafood, Inc., 861 F.2d 450 (5th Cir. 1988) (the workers were not specialists called in to solve a problem, but laborers who performed the essential, everyday chores of their employer's operation). In this case,Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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