- 33 - In enacting section 3121(b)(20), Congress stated that the relationship of the small fishing boat owners with “pickup” crews who share in the proceeds from the catch is more similar to a joint venture than to an employment arrangement. Generally, a partnership is synonymous with a joint venture. See secs. 761(a), 7701(a)(2). A partnership generally requires a community of interest in profits and losses. See Commissioner v. Tower, 327 U.S. 280, 287-288 (1946). Historically, crew members who work on the lay system have shared in the “profits” of the voyage. The partnership/joint venture analogy suggests Congress intended the term “share of the proceeds of the catch” to include proceeds after subtraction of operating expenses.16 Even though petitioners have a seemingly plausible argument that the “depends solely” provision of section 31.3121(b)(20)- 1(a)(2), Employment Tax Regs., is not satisfied if the share is reduced by operating expenses, we interpret the “depends solely” provision to mean that section 3121(b)(20) excludes from “employment” services performed for any additional payment, 16An unsuccessful fishing trip is known in the fishing trade as a “broker”. See The Dirigo First, 60 F. Supp. 675, 675-676 (D. Mass. 1945) (“If no fish is caught or for some other reason there are no proceeds from a fish auction, the voyage is called ‘a broker’. * * * the members of the crew go unpaid, unless the owner or master chooses to make a gratuitous distribution”); O’Hara Vessels, Inc. v. Hassett, 60 F. Supp. 672 (D. Mass. 1942). The broker situation suggests the lay system is similar to a joint venture because the fishing boat workers risk the loss of labor, time, and possibly other personal expenses.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011