Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 68

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          Inc. & Subs. v. Commissioner, 123 T.C. at 161.  Included in the             
          information shown in the batch report that each trucking company            
          client submitted to TLC was the batch report lump sum amount with           
          respect to each driver-employee whom TLC leased to such trucking            
          company client.46  Id. at 170.  TLC and each trucking company               
          client agreed in the exclusive lease agreement to the method by             
          which the batch report lump sum amount was to be calculated.47              
          Id. at 173 n.28.  Pursuant to sections five and fifteen of the              
          exclusive lease agreement, in order to change that method that              
          agreement would have had to be modified, which would have                   
          required the agreement of both TLC and the trucking company                 
          client.  Id. at 161.  In Transport Labor I, the Court did not               
          find that the foregoing facts evidenced that each trucking                  
          company client, and not TLC, was the employer of each driver-               
          employee.                                                                   
               With respect to petitioner’s assertion that each trucking              


               46Neither the batch report nor any other document that a               
          trucking company client submitted to TLC showed the breakdown of            
          the batch report lump sum amount between gross wages and any per            
          diem amounts.  It was TLC that determined what portion of the               
          batch report lump sum amount with respect to each driver-employee           
          constituted gross wages and what portion, if any, constituted per           
          diem amounts.                                                               
               47Pursuant to each exclusive lease agreement, each trucking            
          company client was to select the method which was to be used in             
          calculating the batch report lump sum amount for each driver-               
          employee whom TLC leased to such trucking company client and to             
          which TLC agreed in that lease agreement.  Virtually all of TLC’s           
          trucking company clients selected a cents-per-mile or a                     
          percentage-of-load-gross-revenue basis as the applicable method.            




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Last modified: May 25, 2011