- 18 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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