- 3 - The property where petitioner cut the timber into lumber was and remains reservation land not allotted to an individual Indian. The lumber petitioner produced was sold to Spokane Indian Reservation Timber Products Enterprises (SIRTPE). In 1993, petitioner had lumber sales of $17,253 to SIRTPE and in 1994 his sales to SIRTPE were in the amount of $10,699. Petitioner incurred lumber sales expenses of $11,214 in 1993 and $6,954 in 1994. On their joint individual Federal income tax returns filed for 1993 and 1994, petitioners did not report income or expenses from lumber sales. Attached to the return for 1993 is a Form 1099-MISC reporting nonemployee compensation from SIRTPE bearing the handwritten notation, "Indian Exempt". Discussion Respondent takes the position that petitioners must report as income receipts from lumber sales and are allowed to deduct expenses associated with such sales for both years. Petitioners argue that "income derived by an Indian from activities which directly benefit the Tribe is tax-exempt." Petitioners argue also that income derived by an Indian from a "natural resource" on Indian reservation land is, by analogy to section 7873, exempt from income tax. We start from the premise that every item of a person's gross income is subject to Federal income tax, unless there is aPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011