James E. Anderson and Cheryl J. Latos - Page 30

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          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.”                                                                





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