Joe T. Kieffer and Linda R. Kieffer - Page 6

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          24 Stat. 388, 25 U.S.C. sec. 331-358 (1998) for income that an              
          individual Indian allottee derives directly from the land held in           
          trust for him.  The Court reasoned that there existed a                     
          congressional intent to exempt allotted lands from all charges              
          and encumbrances until after the fee interest was conveyed to the           
          individual allottee.  It held that income received by a                     
          noncompetent3 Indian from the sale of standing timber logged off            
          of his own allotment was exempt from Federal income tax.                    
               In Fry v. United States, 557 F.2d 646 (9th Cir. 1977),                 
          Indian taxpayers contracted with a non-Indian concern to cut                
          timber from unallotted lands of an Indian reservation.  The                 
          taxpayers argued that their logging income should not be subject            
          to tax since the income that the tribe itself received from the             
          logging was not subject to tax, citing Squire v. Capoeman, supra,           
          and Stevens v. Commissioner, 452 F.2d 741 (9th Cir. 1971), affg.            
          in part, revg. in part 54 T.C. 351 (1970).  The opinion of the              
          Ninth Circuit Court of Appeals in the Fry case pointed out that             
          there was no treaty or statute that exempted the tribal lands in            
          question from Federal income taxation.  It also stated that, "In            
          both Squire and Stevens, the income which was held to be exempt             


               3The trust under which the United States holds the allotted            
          lands makes the individual allottee "noncompetent" to alienate it           
          without permission of the United States.  The term "noncompetent"           
          "does not denote mental incapacity."  Stevens v. Commissioner,              
          452 F.2d 741, 742 n.1 (9th Cir. 1971), affg. in part, revg. in              
          part 52 T.C. 330 (1969).                                                    




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