- 61 - 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 instrumentalitiesPage: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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