Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 32

                                       - 32 -                                         
          arrangement that may have existed between such a truck driver and           
          such a trucking company was terminated when such trucking company           
          became a trucking company client of TLC.  The duration of any               
          such employment relationship was not helpful to the Court in                
          determining whether TLC was the employer of such truck driver               
          where TLC decided to hire such truck driver as its driver-                  
          employee and leased such driver-employee to such trucking company           
          client.  That is why, on the facts presented in the instant case,           
          the Court found in Transp. Labor Contract/Leasing, Inc. & Subs.             
          v. Commissioner, 123 T.C. at 195:                                           
                    In the instant case, it is the nature, and not the                
               duration, of the relationship between a driver-employee                
               and TLC and the relationship between a driver-employee                 
               and a trucking company client that determines whether                  
               TLC or such trucking company client is the employer of                 
               such driver-employee.  [Emphasis added.]                               
               In contrast to the instant case, the Court in Beech Trucking           
          Co. did not have before it a situation where the employment                 
          arrangement between a truck driver and Beech Trucking Company was           
          terminated when Beech Trucking Company decided to become a client           
          of ATS.  In addition, insofar as the record in Beech Trucking Co.           
          revealed, the functions performed by ATS (the driver-leasing                
          company) and Beech Trucking Company with respect to the truck               
          drivers were to some degree blurred.  Beech Trucking Co. v.                 
          Commissioner, 118 T.C. at 441.  As the Court in Beech Trucking              
          Co. understood the arrangement between Beech Trucking Company and           
          ATS, truck drivers hired to drive for Beech Trucking Company were           





Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011