Michael W. Allen - Page 7

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               First, petitioner argues that his income is “exempt function           
          income” within the meaning of section 527(c)(3) and is therefore            
          not taxable to him.  Section 527 taxes political organizations on           
          their political organization taxable income.  Sec. 527(a) and               
          (b)(1).  Political organization taxable income does not include             
          exempt function income.  Sec. 527(c)(1)(A).  Petitioner is not a            
          political organization.  Accordingly, section 527(c)(3) does not            
          exempt his income from taxation.                                            
               Petitioner also argues that his income is derived from a               
          fishing-rights-related activity through a qualified Indian entity           
          and is therefore exempt.  Sec. 7873.  Section 7873 does provide a           
          tax exemption for income derived from a fishing-rights-related              
          activity by a member of an Indian tribe directly or through a               
          qualified Indian entity.  Petitioner has not introduced any                 
          evidence, however, to establish that the requirements of this               
          section were met during the years at issue.  Specifically,                  
          petitioner did not show that his income was attributable to any             
          fishing-rights-related activity nor received from an entity that            
          satisfied the ownership, gross receipts, and management tests to            
          meet the definition of a qualified Indian entity.  See sec.                 
          7873(b)(3).  Accordingly, petitioner has not proven that this               
          section applies to his compensation, and he may not rely on it to           
          exclude any of his income from taxation.                                    
               Petitioner also argues that his income is not taxable under            
          Rev. Rul. 59-354, 1959-2 C.B. 24.  Rev. Rul. 59-354, supra,                 
          excludes compensation for the duties performed by elected tribal            





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