- 4 - On January 10, 2002, respondent mailed to petitioner a notice of deficiency for the years at issue. Petitioner timely filed a petition in this Court seeking a redetermination. Discussion Petitioner argues that his wage income earned as an employee of the corporation is not subject to Federal income tax as a result of certain provisions of the treaty. Specifically, petitioner relies upon a phrase in article 2 of the treaty which modifies the description of the treaty lands as “set apart for the absolute and undisturbed use and occupation of the Indians herein named”.4 It is uncertain whether this provision was intended to exempt the Cheyenne River Sioux Tribe itself from Federal taxation of its income related to the buffalo restoration project, but petitioner’s position is weakened by a more basic point. The caselaw has well established that income earned by an individual member of a tribe from working for the tribe or for a corporation on unallotted tribal land is not exempt even if the income derived by the tribe from the land would be exempt in the hands of the tribe itself. See, e.g., Holt v. Commissioner, 364 F.2d 38, 41 (8th Cir. 1966) (involving a lease of unallotted land), affg. 44 T.C. 686 (1965). The position of this Court in 4Petitioner must show in this regard that the income in question is specifically entitled to an exemption from taxation by treaty or Act of Congress. Squire v. Capoeman, 351 U.S. 1, 6 (1956); LaFontaine v. Commissioner, 533 F.2d 382, 382 (8th Cir. 1976), affg. T.C. Memo. 1975-165.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011