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Petitioners concede that they received in 1992 interest
income of $58 that they failed to report on their Federal income
tax return and that they are liable for the 10-percent premature
distribution tax on retirement distributions to petitioner
Laverne Hall in 1992. Petitioners also concede that if certain
retirement account distributions to petitioner Robert A. Hall
(petitioner) are includable in income, they too are subject to
the 10-percent tax on premature distributions.
The issue remaining for decision is whether retirement
account distributions to Robert A. Hall (petitioner) are not
subject to tax because they constitute income derived from Indian
fishing-rights-related activity.
All of the facts have been stipulated and along with the
attached exhibits are incorporated herein by reference.
FINDINGS OF FACT
Petitioners resided in Ferndale, Washington, at the time
they filed their petition in this case.
Petitioners Robert A. Hall and Laverne M. Hall were in 1992
and are still members of the Swinamish Indian Tribal Community
(Swinamish) and the Lummi Indian Tribe (Lummi), respectively,
federally recognized Tribes of American Indians. The Swinamish
and Lummi Tribes are each signatories of the Treaty of Point
Elliot, Jan. 22, 1855, U.S.--Tribes of Indians in Wash.
Territory, 12 Stat. 927 (1859), in which both tribes reserved
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