Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 61

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          terminals, and other equipment and facilities used in its                   
          trucking business (collectively, the trucking business                      
          instrumentalities and tools).  Transp. Labor Contract/Leasing,              
          Inc. & Subs. v. Commissioner, 123 T.C. at 167.  The Court also              
          found in Transport Labor I that “TLC was a driver-leasing company           
          that leased one or more truck drivers to small and mid-sized                
          independent trucking companies which used such truck drivers to             
          transport goods and merchandise.”  Id. at 156.  TLC was in the              
          business of leasing driver-employees, and not in the trucking               
          business, and each trucking company client was in the trucking              
          business.                                                                   
               Each trucking company client’s owning or leasing the                   
          trucking business instrumentalities and tools for such client’s             
          trucking business did not evidence that such trucking company               
          client was the employer of each driver-employee TLC leased to               
          such trucking company client.  Such trucking company client                 
          needed to own or lease the trucking business instrumentalities              
          and tools in order to conduct its trucking business, but could              
          have procured the services of truck drivers to use in that                  
          business through other arrangements, e.g., by leasing them from a           
          person engaged in the driver-leasing business.  Id. at 190, 194.            
               In contrast, TLC’s failure to provide the trucking business            
          instrumentalities and tools did not evidence that the driver-               
          employees were not its employees because such instrumentalities             






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Last modified: May 25, 2011