Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 71

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          TLC as to what those instructions were.  In Transport Labor I,              
          the Court did not find that the above-quoted testimony of Ms.               
          Schrupp evidenced that TLC was or was not the employer of each              
          driver-employee.                                                            
               Work of Driver-Employee as Part of Regular Business of TLC             
               Petitioner asserts:                                                    
                    The business of a trucking company is to move                     
               cargo by truck.  TLC’s business was to enter into                      
               contracts to lease personnel.  TLC’s business would be                 
               the same whether it leased truck drivers or some other                 
               type of personnel.  By contrast, a trucking company                    
               cannot exist without drivers.  The drivers worked from                 
               the trucking companies’ places of business and operated                
               the trucking companies’ equipment.                                     
                    The Court’s conclusion in this case again was                     
               contrary to Beech Trucking because the Court did not                   
               find that “clearly, the drivers’ work was part of the                  
               regular business” of the trucking companies.  Indeed,                  
               we are not aware of a single case in which a leased                    
               employee was found to be “part of the business” of a                   
               leasing company.                                                       
          On the record before us, we reject petitioner’s assertion.                  
               In Transport Labor I, the Court found that each truck driver           
          whom TLC hired as a driver-employee played an integral role in              
          TLC’s business of leasing driver-employees to its trucking                  
          company clients.  Transp. Labor Contract/Leasing, Inc. & Subs. v.           
          Commissioner, 123 T.C. at 164.  TLC could not have conducted its            
          business of leasing truck drivers without the driver-employees              
          whom it leased to its trucking company clients.  Id. at 194.                
          Petitioner has not explained how TLC could have conducted its               
          business of leasing each driver-employee without employing such             





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