Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 49

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          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 benefits                





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