- 28 - Congress has devoted to the regulation during subsequent reenactments of the statute. Id. The language of the statute and the regulation is far from clear. The dictionary definition of “depend” encompasses “to require something as a necessary condition” with the example “prices depend on supply and demand”. Webster’s Third New International Dictionary 604 (1974). In this example, “prices” depend on two factors, “supply” and “demand”, and so cannot depend “solely” on either of them. Section 3121(b)(20) does not use the word “solely”, which implies that the amount of the catch is a necessary, but not exclusive, factor upon which the proceeds must depend. The use of “solely” in section 31.3121(b)(20)-1, Employment Tax Regs., suggests that proceeds must depend only on the amount of the catch “to the exclusion of alternate or competing” factors such as operating expenses. The definition of “proceeds” encompasses proceeds after subtraction of operating expenses. See Webster’s Third New International Dictionary 1807 (1974); Black’s Law Dictionary 1242 (8th ed. 2004). Logically speaking, uncritically applying the dictionary definitions of these terms to the statute and the regulation would lead to contradictory results. Because the statute is ambiguous, we may use legislative history, see Patterson v. Shumate, supra at 761; Fincher v. Commissioner, supra at 133-134, to find the interpretation that can most fairly be said to bePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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