- 55 - 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.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
Last modified: May 25, 2011