Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 52

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               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...)           





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