Holt v. Commissioner
United States Tax Court
Petitioner Bentley, a noncompetent ward of the Federal Government and a tribal Indian, raised cattle on tribal lands by authority of a permit issued by the tribe. He had acquired the cattle with a loan obtained pursuant to a "rehabilitation" program operated by the tribe for its members through a grant by the Federal Government. Petitioner disposed of the cattle in 1958 and contended that the income derived therefrom was exempt from Federal income taxation.
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Petitioner Bentley, a noncompetent ward of the Federal Government and a tribal Indian, raised cattle on tribal lands by authority of a permit issued by the tribe. He had acquired the cattle with a loan obtained pursuant to a "rehabilitation" program operated by the tribe for its members through a grant by the Federal Government. Petitioner disposed of the cattle in 1958 and contended that the income derived therefrom was exempt from Federal income taxation. Held, the absence of any provision in a treaty or Act of Congress exempting from taxation income so derived results in its taxation.…
1Opinion of the Court
Arundell,* Judge:
Respondent determined deficiencies in petitioners’ income tax for the years 1956, 1951, and 1958 in the amounts of $630.01, $786.38, and $1,201.57, respectively. Subsequently, all issues pertaining to 1956 and 1957 and all but one issue relating to 1958 were settled.
FINDINGS OE PACT
Bentley L. Holt, hereinafter referred to as Bentley or petitioner, and Bonnie J. Holt were husband and wife, residing near Isabel, S. Dak., in 1958. They filed a joint Federal income tax return for that year on the cash basis method of 'accounting with the district director of internal revenue for…
2Cases cited13 opinions
- United States v. RickertSupreme Court of the United States · 1903
- Squire v. CapoemanSupreme Court of the United States · 1956
- Choteau v. BurnetSupreme Court of the United States · 1931
- Superintendent of Five Civilized Tribes v. CommissionerSupreme Court of the United States · 1935
- Commissioner of Internal Revenue v. Freeman P. Walker and Bernice WalkerCourt of Appeals for the Ninth Circuit · 1964
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. George AndersonCourt of Appeals for the Ninth Circuit · 1980
- Bentley L. Holt and Bonnie J. Holt v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1966
- Jourdain v. CommissionerUnited States Tax Court · 1979
- Stevens v. CommissionerUnited States Tax Court · 1969
- Hoptowit v. CommissionerUnited States Tax Court · 1982
17 more not listed; retrieve them via the Exa API.