- 21 - to the mate, cook, and engineer * * * in recognition of services they perform at sea, in addition to their normal duties”, according to a sliding scale or schedule that depended on a percentage of the proceeds from the catch. The Court of Claims held that crew members who receive pers are employees because per payments are flat fees that do not depend on the amount of a particular catch as required by section 3121(b)(20) as originally enacted. The Court of Claims upheld Rev. Rul. 77-102, supra, regarding the interpretation of the “pers” issue and section 31.3121(b)(20)-1(a), Employment Tax Regs., as reasonable interpretations of section 3121(b)(20). The Court of Claims did not discuss nor was it called upon to consider the Commissioner’s interpretation in Rev. Rul. 77-102, supra, of “proceeds” as including proceeds after subtraction of operating expenses. g. 1996 Amendment of Section 3121(b)(20) In 1996, Congress overruled Flamingo Fish Corp. v. United States, supra, by adding subparagraph (A) to section 3121(b)(20), as part of the Small Business Job Protection Act of 1996 (SBJPA), Pub. L. 104-188, sec. 1116, 110 Stat. 1762. Section 3121(b)(20) (A) applies to remuneration paid after December 31, 1994; it also applies to remuneration paid after December 31, 1984, and before January 1, 1995, unless the payor treated the remuneration when paid as subject to FICA taxes. Under section 3121(b)(20)(A),Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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