Robert A. Hall and Laverne M. Hall - Page 8

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          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).                                    




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