Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 55

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          favoring both parties’ positions.  For example, with respect to             
          the factors used to determine whether a request for relief under            
          section 6015(f) should be granted, a factor may be neutral when             
          there is evidence that such factor is not applicable.37  In such            
          a case, any such neutral factor does not weigh in favor of or               
          against granting relief under section 6015(f).                              
               The Court in Transport Labor I used the term “neutral” to              
          designate those common-law employment factors which, after                  
          analysis based on the facts and circumstances in the instant                
          case, did not assist the Court in determining whether TLC or each           
          trucking company client was the employer of each driver-employee            
          whom TLC leased to such trucking company client.  By way of                 
          illustration, in Transport Labor I the Court found that “TLC’s              
          leasing a driver-employee to a trucking company client for which            
          such driver-employee had worked before such trucking company                
          client entered into an exclusive lease agreement with TLC is a              
          neutral factor in determining whether TLC was the employer of               
          such driver-employee.”  Transp. Labor Contract/Leasing, Inc. &              
          Subs. v. Commissioner, 123 T.C. at 195.  The Court found such               
          common-law employment factor to be neutral because, as discussed            
          above, the record established that, when a trucking company                 
          became a client of TLC, such trucking company terminated whatever           
          employment arrangement existed between a truck driver and such              

               37See, e.g., Lopez v. Commissioner, T.C. Memo. 2005-36.                





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