- 31 - operating expenses. We do not believe that Congress, in enacting section 3121(b)(20) to help fishing boat owners avoid financial hardship and employment tax record-keeping requirements, intended to limit the beneficial effects of section 3121(b)(20) by conferring self-employment status only on fishing boat crew members who receive a share of proceeds with no subtraction of operating expenses. To hold otherwise would classify as employees a majority of crew members, who, under the lay system, usually receive a share of proceeds after subtraction of operating expenses. Because we are a court with national jurisdiction over litigation involving the interpretation of the Federal tax statutes, see Lardas v. Commissioner, 99 T.C. 490 (1992), adopting petitioners’ interpretation of section 3121(b)(20) would throw the small boat fishing industry into turmoil and create financial hardship for the owners. Assuming as we do that most, if not all, small fishing boat owners have not filed Forms 940 and 941 to report and pay FUTA and FICA taxes for fishing boat workers who received proceeds from sales of catches after subtraction of operating expenses, the periods of limitation for assessments of those taxes would not have expired. Secs. 6501(a), 6503(a)(1), 6213. Our adoption of petitioners’ interpretation of section 3121(b)(20) could be applied retroactively to assess employment taxes for previous taxPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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