- 49 - driver-employee, and not the actual assignment of such projects, that evidenced that TLC was the employer of such driver-employee. Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 323 (1992); Alford v. United States, 116 F.3d at 338; Beech Trucking Co. v. Commissioner, 118 T.C. at 440. In Transport Labor I, the Court found that while TLC was leasing a driver-employee to a trucking company client, TLC had the right to lease that driver-employee to another trucking company client and thereby assign additional projects to such driver-employee. Transp. Labor Contract/Leasing, Inc. & Subs. v. Commissioner, supra at 169. Employee Benefits for Each Driver-Employee With respect to the sponsorship of employee benefits, petitioner asserts that each trucking company client paid for various benefits, including a section 401(k) plan, section 125 flexible benefit plan, group or individual health insurance, and $5,000 group term life insurance policy (collectively, the employee benefits) provided to each driver-employee and that that alleged fact supports its position that each trucking company client was the employer of each driver-employee whom TLC leased to such trucking company client. In support of that assertion, petitioner contends as follows: The Opinion found that TLC sponsored 401(k), 125 flexible benefit, and group/individual health insurance plans. The Opinion overlooked the testimony of Ms. Schrupp, who testified: Q: And when you say that TLC offers benefitsPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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