Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 27

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          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 phrase             





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