- 64 -64 payroll period TLC was obligated to, and did, pay such driver- employee his or her net wages and any per diem amounts as well as the employer’s share of employment taxes, withhold and pay the driver-employee’s share of employment taxes, withhold and pay Federal and State income taxes, make daily electronic funds transfers of the appropriate amounts of such taxes to the IRS and appropriate State agencies, and pay workers’ compensation insur- ance premiums. On the record before us, we find that TLC’s tax treatment of each driver-employee is a factor evidencing that TLC was the employer of such driver-employee. Work of Driver-Employee as Part of Regular Business of TLC Petitioner argues that each driver-employee was “an integral part of the regular business” of the trucking company client to which TLC leased such driver-employee and that each driver- employee played “no role in the daily function of TLC’s business” of providing “back office functions such as payroll and benefits administration.” Respondent counters that, as reflected in the consolidated tax return (consolidated return) that petitioner filed for each of the taxable years at issue, the leasing of driver-employees was TLC’s business, and the deduction that petitioner claimed for each of the taxable years at issue for TLC’s expenses relating to the driver-employees was the largest deduction that petitionerPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
Last modified: May 25, 2011