Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 64

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          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 petitioner              






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Last modified: May 25, 2011