110 T.C. No. 21 UNITED STATES TAX COURT RICHARD LEO WARBUS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 2194-96. Filed April 21, 1998. P, a member of a federally recognized tribe of American Indians, purchased a boat that he used in treaty "fishing-rights-related" activity as defined in sec. 7873, I.R.C. In 1984, P obtained a commercial loan for items related to the fishing boat from the same lender who financed the purchase of the boat. The loan repayment was guaranteed by the Bureau of Indian Affairs (BIA). When P failed to make payments on the loan as they became due, the lender repossessed and sold the boat. In 1993, pursuant to its loan guaranty, the BIA paid to the lender outstanding principal and interest, which it deemed uncollectible from P. As a result of the BIA payment and cancellation of his debt, P enjoyed discharge of indebtedness income in 1993. P did not report discharge of indebtedness income, believing it to be exempt from tax as income from Indian fishing-rights-related activity as described in sec. 7873.Page: 1 2 3 4 5 6 7 8 9 10 11 12 Next
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