Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 65

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          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.                          







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Last modified: May 25, 2011