James E. Anderson and Cheryl J. Latos - Page 43

                                       - 43 -                                         
          respondent in the statutory notice, which properly takes into               
          account respondent’s adjustments.                                           
          4. Petitioners’ Other Arguments                                             
               a. Section 6050A                                                       
               Section 6050A(a) provides, in pertinent part, that the                 
          operator of a boat on which one or more individuals perform                 
          services described in section 3121(b)(20) is required to submit             
          to the Secretary information regarding the identity of each                 
          fishing boat worker if the worker receives a share of the                   
          proceeds of the catch of fish, the amount so received, and any              
          cash remuneration described in section 3121(b)(20)(A).                      
               Petitioners argue that the Forms 1099-MISC do not require              
          boat owners to report the percentage of each fishing boat                   
          worker’s share of the proceeds, thereby preventing the boat                 
          owners from satisfying the requirements of section 6050A.                   
          Petitioners misread section 6050A.  Although section 6050A(a)(2)            
          does require fishing boat owners to report the percentage of the            
          catch of fish if the worker receives a share of the actual fish,            
          all that section 6050A(a)(4) requires, if the fishing boat worker           
          receives a share of the proceeds from the catch, is that the                
          fishing boat owner report the amount of cash proceeds received by           
          the worker, not the percentage of the proceeds after sale of the            
          catch.  There is no provision under section 6050A that precludes            








Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  Next

Last modified: May 25, 2011