- 26 - explicitly provided by section 31.3121(b)(20)-1(a), Employment Tax Regs., and implicitly provided by section 3121(b)(20) itself. Respondent interprets the term “depends solely” in the regulation to mean that section 3121(b)(20) excludes from “employment” services performed for any additional payment that does not depend on the amount of the catch. Respondent interprets the term “proceeds” to include proceeds after subtraction of operating expenses. We agree with respondent. Statutory construction begins with the language of the relevant statute. Consumer Prod. Safety Commn. v. GTE Sylvania, Inc., 447 U.S. 102, 108 (1980); Fincher v. Commissioner, 105 T.C. 126, 133-134 (1995). We may use legislative history to clarify an ambiguous statute. Patterson v. Shumate, 504 U.S. 753, 761 (1992); Canada Life Assurance Co. v. Converium Ruckversicherung (Deutschland) AG, 335 F.3d 52, 57 (2d Cir. 2003); Fincher v. Commissioner, supra; City of New York v. Commissioner, 103 T.C. 481, 489 (1994), affd. 70 F.3d 142 (D.C. Cir. 1995). When a statute is ambiguous, the Court must find the interpretation that can most fairly be said to be embedded in the statute, in the sense of being most harmonious with its scheme and with the general purposes that Congress manifested. NLRB v. Lion Oil Co., 352 U.S. 282, 297 (1957). Reports by the Senate Committee on Finance are an authoritative source for legislative intent. Thornburg v. Gingles, 478 U.S. 30, 44 (1986); Garcia v. UnitedPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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