Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 60

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               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.                                        





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