The Nome Nugget

Fisherman Angles For $6,230 in Taxes

BALTIMORE, (AP) - When Bill Simmons pulled in a fish worth $25,000 over a year ago, he dreamed of putting it up as a showpiece and the money in his pocket.

He still has Diamond Jim III mounted on the wall of his home, but he's trying to reel in $6,230 that slipped away.

The 31-year-old former longshoreman, who was jobless at the time, has put his lawyer to work to try to get it back from government tax collectors.

The question is: Was he trying to produce income or was he simply fishing for recreation?

Simmons caught the 10-pound rockfish under the Chesapeake Bay Bridge August 6, 1958. A local brewery had tagged the fish and released it earlier in the year, offering $25,000 to the lucky fisherman who landed it.

When Simmons began spending the money, the Internal Revenue Service seized $6,230 last October 29 to be sure of getting a share before income tax filing time.

Through his attorney Simmons argues that he was not looking for Diamond Jim III. He was just out for a good time and did not work for the $25,000. It therefore was windfall and not taxable, he contends.

Internal Revenue officials haven't bitten on that one so far.

His attorney tossed out another line. He reasoned that if going after a tagged fish is a business enterprise, every sportsman on the bay could say he is looking for Diamond Jim's annual successors.

So, they could deduct the expense of fishing trips in figuring income tax. And that, of course, could cost the government a lot more than $6,230 in revenue.