- 2 - received for working as a crew member or captain on small fishing boats during 1997. R determined Ps are liable under sec. 1401, I.R.C., for self-employment tax with respect to Ps’ 1997 tax year on the ground that P was a self-employed fishing boat worker during 1997. Ps argue P was an employee under sec. 3121(b)(20), I.R.C., on the ground that his share of proceeds of the catches of fish did not depend solely on the amount of the catch because operating expenses were subtracted in computing his share. Held: P was self-employed under sec. 3121(b)(20), I.R.C., because proceeds from the sale of the catches of fish after subtraction of operating expenses depend on the amount of each catch. We interpret the “depends solely” provision of sec. 31.3121(b)(20)-1, Employment Tax Regs., as excluding only additional fixed payments to crew members, and P did not receive any such payments. James E. Anderson and Cheryl J. Latos, pro sese. John Aletta, for respondent. OPINION BEGHE, Judge: Respondent determined petitioners are liable under section 1401 for self-employment tax of $5,764 with respect to their 1997 tax year.1 The issue for decision is whether, during 1997, James Anderson (petitioner) was a self-employed worker on fishing boats under section 3121(b)(20), making petitioners liable for self- 1Unless otherwise specified, all section references are to the Internal Revenue Code in effect for the year at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011