- 27 - were inconsistent with the common-law employment factors that the Court used in Beech Trucking Co., petitioner asserts: the Court did not apply some of the factors used in Beech Trucking, restated factors used in Beech Trucking in a materially different way, and added a factor inapplicable to three-party transactions. The Court’s Opinion also uses a different analysis of the factors than the Court did in Beech Trucking. * * * On the record before us, we reject petitioner’s assertion. The list of common-law employment factors that the Court set forth in Beech Trucking Co. was nonexhaustive. Schwieger v. Farm Bureau Ins. Co., 207 F.3d 480, 484 (8th Cir. 2000); Beech Trucking Co. v. Commissioner, 118 T.C. at 440. Petitioner does not cite, and we have not found, any authority that precluded the Court in Transport Labor I, in determining whether TLC was the employer of each driver-employee whom it leased to each trucking company client, from considering common-law employment factors in addition to those on which the Court relied in Beech Trucking Co. and from not giving the same weight to certain factors on which the Court relied in Beech Trucking Co. With respect to petitioner’s argument that the Court in Transport Labor I “restated factors used in Beech Trucking in a materially different way”, petitioner asserts that the Court in Transport Labor I erred in considering the “sponsorship of * * * employee benefits” rather than the “provision of employee benefits”. Petitioner’s assertion erroneously assumes that the Court intended a substantive difference when it used the phrasePage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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