Warbelow's Air Ventures - Page 1

                                   118 T.C. No. 37                                    

                               UNITED STATES TAX COURT                                

                    WARBELOW’S AIR VENTURES, INC., Petitioner v.                      
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 10351-00.               Filed June 27, 2002.                

                    P leased land from the State of Alaska to operate                 
               an airport.  The leased land is surrounded by lands                    
               owned by a Native corporation and a federally                          
               recognized Native entity.  P claimed the Indian                        
               employment credit (IEC) on its corporate tax return                    
               with respect to wages paid to employees who perform                    
               substantially all of their services for P at the                       
               airport.  R disallowed the IEC.                                        
                    Held:  The term “within an Indian reservation” in                 
               I.R.C. sec. 45A(c)(1)(B) means located “on” an Indian                  
                    Held, further, P does not qualify for the IEC                     
               because the airport is not located “within an Indian                   
               reservation” within the meaning of I.R.C. sec. 45A.                    

Page:   1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011