James E. Anderson and Cheryl J. Latos - Page 29

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          embedded in the statute, in the sense of being most harmonious              
          with its scheme and with the general purposes that Congress                 
          manifested, see NLRB v. Lion Oil Co., supra at 297.13                       
               Taken as a whole, the history of the fishing industry, the             
          legislative history underlying section 3121(b)(20), the preamble            
          to and the example in the regulation, and a logical and practical           
          interpretation of the statute suggest that Congress, in enacting            
          section 3121(b)(20), intended that proceeds after subtraction of            
          operating expenses depend on the amount of the catch.  We do not            
          interpret the “depends solely” provision of section                         
          31.3121(b)(20)-1, Employment Tax Regs., as precluding subtraction           
          of operating expenses from proceeds.                                        
               For several centuries, fishing boat crew members working               
          under the “lay” system have, for the most part, received a share            
          of profits from the sale of the catch, or excess of revenues over           
          expenses, which is synonymous with “net proceeds”, rather than a            

               13Where the statutory language appears clear, we would                 
          require unequivocal evidence of legislative purpose before                  
          construing the statute so as to override the plain meaning of the           
          words used therein, see United States v. Am. Trucking                       
          Associations, 310 U.S. 534, 543-544 (1940); Huntsberry v.                   
          Commissioner, 83 T.C. 742, 747-748 (1984), particularly where we            
          have a complex set of statutory provisions marked by a high                 
          degree of specificity, see Huntsberry v. Commissioner, supra at             
          748; cf. Occidental Petroleum Corp. v. United States, 231 Ct. Cl.           
          334, 685 F.2d 1346, 1348 (1982).  The statutory language of sec.            
          3121(b)(20) and the regulation is not clear.  Sec. 3121(b)(20) is           
          not a statute with a complex set of provisions marked by a high             
          degree of specificity.  Even if the statute were clear, the                 
          legislative history does not necessarily provide unequivocal                
          evidence of legislative purpose.                                            





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