- 60 - Source of Instrumentalities and Tools Petitioner asserts: The parties stipulated in this case that the trucking companies were the source of the instrumentalities and tools of the drivers * * *, just as was the case with the trucking company in Beech Trucking. Because the facts clearly favored TLC, this factor must be considered to be an indication that the trucking companies were the common law employers. On the record before us, we reject petitioner’s assertion. The Court in Beech Trucking Co. based its findings and conclusions upon the record before it. As discussed above, the record in Beech Trucking Co. was “relatively sparse”. It did not contain evidence such as an exclusive lease agreement, a driver contract, or a driver handbook. Beech Trucking Co. v. Commissioner, 118 T.C. at 441. In addition, 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 petitioner or TLC owned any interest in any trucking company client, or (3) that any owner of a trucking company client owned an interest in petitioner. Cf. id. at 430- 431. In Transport Labor I, the Court found that, both before and after entering into an exclusive lease agreement with TLC, each trucking company client owned or leased the trucks, semitrailers, 40(...continued) Lessor’s prior written consent.Page: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
Last modified: May 25, 2011