- 36 - Inc. v. Commissioner, 89 T.C. 225, 233 (1987), affd. 862 F.2d 751 (9th Cir. 1988). Petitioner does not cite, and we have not found, any authority which requires the Court to ignore a contract that designates a person as the employer of certain individuals where the totality of the facts and circumstances surrounding such person, such individuals, and one or more third persons who use the services of one or more of such individuals is not inconsistent with such a contract. In Transport Labor I, petitioner failed to show that the totality of the facts and circumstances surrounding TLC, each driver-employee, and each trucking company client was inconsistent with the exclusive lease agreement under which each such trucking company client used the services of one or more of such driver-employees. As an illustration, the exclusive lease agreement provided in pertinent part that TLC “shall in its absolute discretion, hire * * * Lessor’s [TLC’s] employees”. Transp. Labor Contract/Leasing, Inc. & Subs. v. Commissioner, 123 T.C. at 160. The Court in Transport Labor I found that TLC retained the sole and absolute authority to hire each driver-employee. Id. at 164. The record in the instant case established: (1) Before TLC hired a truck driver as a driver-employee, such truck driver had to pass TLC’s screening and approval process, which was designed to determine a truck driver’s fitness to serve as a driver-employee of TLC; (2) TLC hired approximately 25 percent of its driver-Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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