- 18 - Employment Tax Regs.)); Breaux & Daigle, Inc. v. United States, 900 F.2d at 53 (same); Air Terminal Cab, Inc. v. United States, 478 F.2d at 581. Although most of the drivers worked for only a few months, we find the facts that the drivers' brief periods of employment were in the course of petitioner's regular business and that petitioner had the right to discharge the drivers, and the drivers had the right to quit, most persuasive. See United States v. Silk, supra. Accordingly, this factor supports a finding that the drivers were employees of petitioner. 7. Service Integral to the Business The drivers in this case did not have their own independent businesses; rather, they performed a function that was an essential part of petitioner's company's normal operations. The success of petitioner's trucking business depended, in part, upon the work performed by the drivers. Therefore, the drivers' services were an integral part of petitioner's business. See Breaux & Daigle, Inc. v. United States, supra (financial success of processor of crab meat was dependent upon crab meat pickers; therefore, crab meat pickers' services were integral part of processor's business); Air Terminal Cab, Inc. v. United States, supra at 581 (taxicab drivers were performing personal services constituting integral part of taxpayer's business operations); In re McAtee, 126 Bankr. at 572 (truck drivers services werePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011