Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 73

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          regard, we note that at least certain of the trucking company               
          clients to which TLC sent the per diem letters did not consider             
          such letters to be binding on them, since such trucking company             
          clients did not take the section 274(n)(1) limitation into                  
          account in their respective tax returns.49                                  
               On the record before us, we find that TLC’s sending a per              
          diem letter to each trucking company client is a neutral factor             
          in determining whether TLC was the employer of each driver-                 
          employee.                                                                   
               Based on our examination of the entire record before us, we            
          find that TLC was the employer of each driver-employee.  On that            
          record, we further find that the section 274(n)(1) limitation               
          applies to the per diem amounts that TLC paid to its driver-                
          employees.                                                                  
               We have considered all of the contentions and arguments of             
          petitioner and respondent that are not discussed herein, and we             
          find them to be without merit, irrelevant, and/or moot.                     
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               


               49The record establishes that TLC’s trucking company clients           
          NBS Trucking, Joe Hix Trucking, Blachowske Truck Line, Inc.,                
          Jones Brothers Trucking, Inc., Lake State Transport, Inc., Schak            
          Trucking Inc., and Parkway Auto Transport received respective               
          notices of deficiency in which respondent determined that they              
          had failed to take into account the section 274(n)(1) limitation.           




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