James E. Anderson and Cheryl J. Latos - Page 18

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          financial hardship arising from proposed tax assessments for                
          prior years in cases where they had not treated their workers as            
          employees.  See id.; Staff of Joint Comm. on Taxation, General              
          Explanation of the Tax Reform Act of 1976, at 380-381 (J. Comm.             
          Print 1976), 1976-3 C.B. (Vol. 2) 1, 392-393.11                             
               d.  Rev. Rul. 77-102                                                   
               Following enactment of section 3121(b)(20) in 1976, the                
          Commissioner issued Rev. Rul. 77-102, 1977-1 C.B. 299, which                
          explains respondent’s position in this case that proceeds after             
          subtraction of operating expenses depend on the amount of the               
          boat’s catch of fish under section 3121(b)(20).  In situation 1             
          of Rev. Rul. 77-102, supra, the boat owner employs a captain and            
          eight other crew members to perform services.  Six of the nine              
          crew members receive remuneration by dividing equally 60 percent            
          of the net proceeds from the sale of the catch after subtracting            
          from the gross proceeds certain specified expenses such as ice              
          and fuel and a payment of $25 each to the mate, engineer, and               

               11As explained by the Joint Committee on Taxation, the                 
          retroactive effective date barred retroactive deficiency                    
          assessments against boat owners who treated fishing boat workers            
          as self-employed before enactment of sec. 3121(b)(20) for past              
          years still open under the statute of limitations.  See Staff of            
          Joint Comm. on Taxation, General Explanation of the Tax Reform              
          Act of 1976, at 382 (J. Comm. Print 1976), 1976-3 C.B. (Vol. 2)             
          1, 394.  However, crew members treated as employees before                  
          enactment of sec. 3121(b)(20) were not required to pay the higher           
          rate of Social Security tax required of self-employed                       
          individuals, nor were refunds of the employer’s share of social             
          security taxes to be made to boat owners who had paid them.  See            
          id.                                                                         





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