Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 66

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          paid TLC a lease fee to compensate TLC for leasing driver-                  
          employees to such trucking company client is a neutral factor in            
          determining whether TLC is the employer of each driver-employee.”           
           Id. at 192-193.  That TLC may have paid TLC’s payroll obligation           
          with moneys that it received from its trucking company clients              
          did not evidence to the Court in Transport Labor I that TLC was             
          or was not the employer of each driver-employee.  Id. at 192.  It           
          is common business practice for a business to use moneys received           
          from its clients or customers as payments for services or goods             
          in order to cover its expenses.  Id.  Even if, as petitioner                
          contends, TLC required payment of the payroll period net lease              
          fee due from each trucking company client prior to paying TLC’s             
          payroll obligation, that fact would not evidence that TLC was or            
          was not the employer of each driver-employee.  A business may               
          require payment at the time of, or even prior to, providing                 
          services or goods to its customers.44                                       
               Petitioner asserts that the Court in Transport Labor I                 


               44In the instant case, TLC’s obligation to pay TLC’s payroll           
          obligation with respect to each driver-employee whom it leased to           
          a trucking company client accrued as such driver-employee per-              
          formed services for TLC by driving a truck of such trucking                 
          company client that leased such driver-employee from TLC.  TLC              
          was obligated to pay TLC’s payroll obligation with respect to               
          each driver-employee whether or not the trucking company client             
          to which TLC leased such driver-employee paid TLC the lease fee.            
          TLC required payment of the lease fee after it provided the                 
          services of its driver-employees to its trucking company clients.           
          Transp. Labor Contract/Leasing, Inc. & Subs. v. Commissioner,               
          supra at 172.                                                               





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