- 10 - allottee is determined to be competent to manage his or her own affairs, a fee patent can be issued to the allottee with respect to the allotted land. The Indian General Allotment Act serves to preserve the value of the land in trust until such time as the Secretary of the Interior determines that the allottee is competent to hold title to the land in fee simple. County of Yakima v. Confederated Tribes & Bands of the Yakima Indian Nation, 502 U.S. 251 (1992). In Squire v. Capoeman, supra, the Supreme Court concluded that a Federal income tax exemption was created by the Indian General Allotment Act for income that an allottee derives directly from the land held in trust for him. In that case, the Supreme Court reasoned that there existed a congressional intent to exempt allotted lands from all charges and encumbrances until after the fee interest was conveyed to the allottee. It held that income received by an incompetent Indian from the sale of standing timber logged off his own allotment was exempt from Federal income tax, but "reinvestment income" was not. Id. at 9. The Court stated: "It is clear that the exemption accorded tribal and restricted Indian lands extends to the income derived directly therefrom." Id. (quoting Cohen, Handbook of Federal Indian Law, 265, (1941); emphasis added). The stated rationale for the "derived directly" standard was that the logging of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011