- 71 - 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 suchPage: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
Last modified: May 25, 2011