- 65 -65 claimed in its consolidated return for each such taxable year. We have found that each truck driver that TLC hired as a driver-employee played an integral role in TLC’s business of leasing driver-employees to its trucking company clients. The exclusive lease agreement provided in pertinent part: Lessor [TLC] hereby leases to Lessee [trucking company client] those drivers in the employment of Lessor during the term of the Agreement. * * * * * * * * * * Lessor agrees to use its reasonable best efforts in furnishing Lessee with drivers as may be requested from Lessee from time to time during the term of this Agreement. * * * The arrangement between TLC and each trucking company client was a driver-leasing arrangement, and not merely the provision of “back office functions”. Each trucking company client could have conducted its trucking business by procuring the services of truck drivers to use in that business by hiring them directly and/or by leasing them from a person engaged in the driver- leasing business. TLC could not have conducted its business of leasing truck drivers without the driver-employees whom it leased to its trucking company clients. On the record before us, we find that the integral role that each driver-employee played in TLC’s business of leasing driver- employees to its trucking company clients is a factor evidencing that TLC was the employer of each driver-employee.Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
Last modified: May 25, 2011