Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 41

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          because such trucking company client performed dispatching                  
          functions with respect to such driver-employee similar to the               
          dispatching functions that Beech Trucking Company performed.  On            
          the record before us, we reject petitioner’s assertion.                     
               The Court in Transport Labor I found that during the taxable           
          years at issue each trucking company client performed dispatching           
          functions with respect to each driver-employee whom TLC leased to           
          such trucking company client by giving each driver-employee his             
          or her route assignments, directing each driver-employee as to              
          the loads assigned to him or her and as to the times by which               
          such driver-employee had to deliver those loads, and relaying any           
          instruction of its customers relating to such loads (sometimes              
          hereinafter referred to collectively as the trucking company                
          client dispatching functions).  Id. at 167.  The Court also found           
          that each trucking company client’s performing such dispatching             
          functions did not give such trucking company client control over            
          each driver-employee within the meaning of section                          
          31.3121(d)-1(c)(2) of the Employment Tax Regulations.  Id. at               
          188.  The Court found in Transport Labor I that the dispatching             
          functions that each trucking company client performed were                  
          necessary for the operation of such trucking company client’s               
          trucking business.  Id. at 167.  That is to say, in order for a             
          trucking company client to operate its trucking business                    
          successfully, such trucking company client had to give each                 






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