Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 53

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          Trucking Co. revealed, by declining to continue leasing a truck             
          driver whom it no longer wished to use, Beech Trucking Company,             
          in effect, assured such truck driver’s termination as an                    
          employee.                                                                   
               In the instant case, during the years at issue TLC had                 
          between 100 and 300 trucking company clients.  Transp. Labor                
          Contract/Leasing, Inc. & Subs. v. Commissioner, 123 T.C. at 156.            
          As of the time of trial in this case, TLC leased a total of 5,563           
          driver-employees to a total of 453 trucking company clients.  Id.           
          TLC frequently was successful in reassigning a driver-employee              
          from one trucking company client that no longer wished to use               
          such driver-employee to another trucking company client.  Id. at            
          169-170.  A trucking company client’s declining to continue                 
          leasing a driver-employee whom it no longer wished to use did not           
          evidence that such driver-employee’s employment with TLC was                
          terminated.  TLC also reassigned to another trucking company                
          client any driver-employee who no longer wished to work with a              
          particular trucking company client to which TLC had assigned such           
          driver-employee.  Id.  The Court in Transport Labor I found that            


               36(...continued)                                                       
          petitioner or TLC owned any interest in any trucking company                
          client, and (3) that any owner of a trucking company client owned           
          an interest in petitioner.  Cf. Beech Trucking Co. v. Commis-               
          sioner, 118 T.C. 428, 430-431 (2002).  The Court in Beech Truck-            
          ing Co. also found that the roles of ATS and Beech Trucking were            
          “to some degree blurred” with respect to the truck drivers’                 
          activities.  Id. at 441.                                                    





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