Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 39

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          disregards that TLC had the right to, and did, direct and control           
          each driver-employee as to the operation and the loading and                
          unloading of the truck of the trucking company client that leased           
          such driver-employee from TLC and as to the details and means by            
          which that operation and that loading and unloading were to be              
          accomplished, Transp. Labor Contract/Leasing, Inc. & Subs. v.               
          Commissioner, 123 T.C. at 168.  The TLC driver handbook, which              
          was incorporated into and made part of the driver contract,                 
          contained TLC’s detailed instructions that it required each                 
          driver-employee to follow with respect to, inter alia, fueling              
          the trucks, starting the trucks’ engines, hooking up the trucks             
          to trailers, parking the trucks, driving the trucks to achieve              
          maximum fuel savings, braking the trucks, operating trucks in               
          cold weather, departure times of the trucks, and loading the                
          cargo on and unloading it off the trucks.33  Id.  Each driver               
          contract provided other instructions for each driver-employee.              
          Such instructions required that each driver-employee was, inter             
          alia, to attend at least two safety meetings per year, not to be            
          under the influence of alcohol while performing services for TLC,           
          not to consume illegal drugs, to complete any paperwork required            


               33The record does not support petitioner’s assertion that              
          the TLC driver handbook contained only instructions that were               
          recitations of Department of Transportation requirements or that            
          were obvious to a licensed truck driver.  Even if the record                
          supported petitioner’s assertion, TLC required its driver-employ-           
          ees to follow the instructions in the TLC driver handbook.                  





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