- 52 - Termination of the Employment of a Driver-Employee Petitioner asserts: In other words, even though drivers in Beech Trucking may have been turned back to the leasing company for reassignment, the Court [in Beech Trucking Co.] looked to the termination of the relationship between the driver and the trucking company, which in practice the trucking company controlled. Petitioner appears to be contending that, because a trucking company client was able to decline continuing to lease a particular driver-employee whom it no longer wished to use, such trucking company client had the authority to terminate such driver-employee’s employment with TLC. That is because, according to petitioner, the Court in Beech Trucking Co. found that Beech Trucking Company’s declining to continue leasing a truck driver whom it no longer wished to use evidenced that Beech Trucking company had the final authority to terminate such truck driver’s employment with ATS. Beech Trucking Co. v. Commissioner, 118 T.C. at 442. On the record before us, we reject petitioner’s assertion. In contrast to the instant case, the record in Beech Trucking Co. did not establish that ATS (the driver-leasing company) leased truck drivers to any entity other than Beech Trucking Company.36 Id. at 443. Insofar as the record in Beech 36Moreover, as discussed above, there was no evidence, and petitioner does not contend, (1) that petitioner or TLC had any overlapping personnel with any trucking company client, (2) that (continued...)Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011