- 5 - "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).Page: Previous 1 2 3 4 5 6 7 8 9 Next
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