Joe T. Kieffer and Linda R. Kieffer - Page 5

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          "fishing rights-related activity of such tribe" is not subject to           
          income tax.  For purposes of section 7873, income derived from              
          "fishing rights-related activity" means income derived from                 
          activity "directly related" to harvesting, processing,                      
          transporting, or selling fish in the exercise of recognized                 
          fishing rights of an Indian tribe.  Sec. 7873(b).  Petitioners'             
          income from lumber sales is not income derived from Indian                  
          fishing-rights-related activity and is not exempt under the                 
          statute.  See Warbus v. Commissioner, 110 T.C. ___ (1998).                  
               Petitioners' argument, however, is that the intent of                  
          Congress, as expressed by the protection of Indian fishing-                 
          rights-related activity under section 7873, "should also apply to           
          timber harvested and processed within the boundaries of the                 
          Spokane Indian Reservation."  A similar issue has been addressed            
          and resolved contrary to petitioners' position.                             
               Petitioners' lumber sales income is, arguably, income                  
          derived from Indian land, which under some circumstances is                 
          exempt from income tax.  In Squire v. Capoeman, supra, it was               
          held that income from allotted lands upon which a patent2 had not           
          been issued is not subject to income tax.  The Court concluded              
          that a Federal income tax exemption was created by the Indian               
          General Allotment Act of 1887 (General Allotment Act), ch. 119,             

               2The term "patent" as used here refers to an allotment                 
          certificate.  See Monson v. Simonson, 231 U.S. 341, 345-346                 
          (1913).                                                                     




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