Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 31

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          sent to the trucking company client that leased such driver-                
          employee from TLC documents entitled “Statement” (account state-            
          ment), “Invoice” (account invoice), and “Precheck report”                   
          (precheck report).  The account statement showed the most recent            
          debits and credits to each trucking company client’s account and            
          any credit or balance due on that account.26  The account invoice           
          showed TLC’s total expenses for each payroll period for all the             
          driver-employees whom it leased to a trucking company client.27             
          The precheck report showed for each driver-employee for each                
          payroll period his or her gross wages, any per diem amounts,                
          Federal and State income taxes withheld and paid, the driver-               
          employee’s share of employment taxes paid, payroll deductions for           
          employee benefits, and net wages.                                           
               During the taxable years 1993, 1994, 1995, 1996, and 1997,             
          TLC paid its driver-employees per diem amounts totaling                     
          $4,841,563, $7,111,060, $8,617,378, $9,934,172, and $10,178,691,            
          respectively.                                                               


               26In some instances the account statements covered the two             
          most recent payroll periods, while in other instances the account           
          statements covered the three most recent payroll periods.                   
               27Each account invoice showed TLC’s expenses for a payroll             
          period including, inter alia, the total amount of gross wages and           
          the total amount of any per diem amounts that TLC paid to all the           
          driver-employees whom TLC leased to a trucking company client,              
          the total amount of advances that a trucking company client paid            
          to the driver-employees whom TLC leased to it, and the total                
          amounts that TLC paid for health insurance for which the trucking           
          company client reimbursed TLC.                                              





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