- 30 - share of the gross proceeds or a share of the fish themselves. See, e.g., Thomas v. Osborn, 60 U.S. 22, 29-30 (1856) (“a lay--that is, a participation in profits”); Putnam v. Lower, 236 F.2d 561, 573 n.2 (9th Cir. 1956) (“the word ‘lay’ means a share of the profits of a venture given in lieu of wages”); Old Point Fish Co. v. Haywood, 109 F.2d 703 (4th Cir. 1940).14 The report by the Senate Committee on Finance indicates Congress recognized longstanding industry practices of paying fishing boat workers on the lay system with a share of the proceeds from the catch after subtraction of operating expenses. See S. Rept. 94-938 (Pt. I), supra at 384-385, 1976-3 C.B. (Vol. 3) at 422-423. Section 3121(b)(20) was enacted to provide administrative convenience and certainty to fishing boat owners by eliminating the need to keep records to calculate tax obligations of fishing boat workers who received payments on the lay system, without interfering with or changing the longstanding lay system of compensation. See id. at 385-386, 1976-3 C.B. (Vol. 3) at 423-424. Compensation under the lay system necessarily means that the proceeds of the catch depend on factors other than the amount of the catch, including, but not limited to, the subtraction of 14Black’s Law Dictionary 905 (8th ed. 2004) defines “lay” in the context of maritime law as: “A share of the profits of a fishing or whaling trip, akin to wages, allotted to the officers and seamen.”Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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