Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 29

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          favorable tax treatment only if TLC were the employer of such               
          driver-employees.                                                           
               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 also asserts that in Beech            
          Trucking Co. the Court found that if a relationship31 between a             
          truck driver and a trucking company is “of indefinite duration”,            
          such trucking company is the employer of such truck driver.  In             
          this connection, petitioner contends:                                       
                    Here, substantial evidence proved that the                        
               employment relationship between the trucking companies                 
               and the drivers existed before TLC’s involvement with                  
               the trucking companies.  The Lease Agreement had no                    
               effect on the duration of the drivers’ relationship                    
               with the trucking companies because the drivers                        
               continued to work in the business of the trucking                      
               companies. * * *                                                       
          On the record before us, we reject petitioner’s assertion.                  


               31As the Court indicated in Transport Labor I, petitioner              
          did not explain on brief, and does not explain in its motion for            
          reconsideration, what it means when it argues that the “relation-           
          ship” between a trucking company and its drivers was of indefi-             
          nite duration.  Transp. Labor Contract/Leasing, Inc. & Subs. v.             
          Commissioner, 123 T.C. at 195.  We presume that petitioner means            
          that, after a trucking company entered into an exclusive lease              
          agreement with TLC, each driver who previously worked for such              
          trucking company continued to perform services for such company             
          pursuant to the employment arrangement with such company that               
          existed before it entered into such lease agreement with TLC.  We           
          reject any such argument.  The parties stipulated, and the Court            
          in Transport Labor I found, that, when each trucking company                
          entered into an exclusive lease agreement with TLC, such trucking           
          company terminated the employment arrangement that it had with              
          all of the truck drivers who previously worked for such trucking            
          company.  Id. at 159.                                                       





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