- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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