- 23 - As far as we can discern from the record, Beech Trucking controlled the drivers’ activities, exercising discretion over when and how long they worked. Petitioner testified that Beech Trucking drivers were dispatched out of Beech Trucking’s Little Rock terminal; that Beech Trucking tried to keep all its 100 to 125 trucks manned so as to get “our drivers home most weekends”; and that on a typical week, a Beech Trucking driver would leave on a Sunday afternoon and “we would try to get him out as far as we could in the early part of the week, and then start working him back toward the house.”16 The record is silent as to any control that ATS might have exercised over the Beech Trucking drivers’ activities. ATS hired the drivers and provided them some orientation. On its income tax returns for the years at issue, however, Beech Trucking deducted (as part of “Other deductions”) a separate item identified as “hiring cost–-drivers”, from which we infer that Beech Trucking reimbursed ATS for the cost of hiring the Beech Trucking drivers. When ATS hired the Beech Trucking drivers, they signed employment agreements wherein they agreed to be ATS 16 Most of the pertinent testimony regarding the Beech Trucking drivers’ activities came from petitioner. As previously noted, petitioner was both president of Beech Trucking and an employee of ATS. As reflected in the quotations in the text above, his testimony often employed, ambiguously, first-person plural pronouns. On the basis of our careful review of petitioner’s testimony in the context of the entire record, we conclude that the testimony described in the text is most reasonably understood to refer to petitioner’s activities as president of Beech Trucking.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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