- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011