- 8 - including those affecting native peoples are not granted by implication. If Congress intends to exempt certain income it must do so expressly. Critzer v. United States, 220 Ct. Cl. 43, 597 F.2d 708 (1979), and cases cited therein. Section 7873 Income The parties agree that the wages earned in 1992 by petitioner for his work for the Tribe are income derived "directly or through a qualified Indian entity * * * from a fishing rights-related activity". Sec. 7873(a)(1). Petitioner alleges that he "designated $160 per month to be deducted from his salary and contributed to his retirement accounts" in 1992 and that in prior years he contributed a portion of his earnings to the Prudential account. But both parties have stipulated that in 1992 the $160 monthly amount contributed to his Guardian retirement account was "in addition to wages" and would not have been available to petitioner as a cash payment; he had to chose to have it contributed to either a health plan or a retirement plan. Despite respondent's argument to the contrary, section 7873(a)(1) provides that "income", not just wages,3 derived by a member of an Indian tribe directly or through a qualified Indian entity from a fishing-rights-related activity is not subject to 3With respect to wages earned from services performed in a fishing-rights-related activity, no employment tax is to be imposed by subtitle C. Sec. 7873(a)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011