Rickard v. Commissioner
United States Tax Court
Petitioners, members of the Colville Confederated Tribes, operate a cattle farm on land held in Indian trust status by the United States pursuant to special Colville Reservation allotment acts and subject to the General Allotment Act of 1887. Held, as petitioners' farm income is exempt from tax by virtue of Squire v. Capoeman, 351 U.S. 1 (1956), petitioners are denied their farming expense deductions.
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Petitioners, members of the Colville Confederated Tribes, operate a cattle farm on land held in Indian trust status by the United States pursuant to special Colville Reservation allotment acts and subject to the General Allotment Act of 1887. Held, as petitioners' farm income is exempt from tax by virtue of Squire v. Capoeman, 351 U.S. 1 (1956), petitioners are denied their farming expense deductions. Sec. 265(1), I.R.C. 1954; sec. 1.265-1(b)(1), Income Tax Regs.; Manocchio v. Commissioner, 78 T.C. 989, 997 (1982), affd. 710 F.2d 1400 (9th Cir. 1983), followed. Held, further, because…
1Opinion of the Court
HAMBLEN, Judge:
Respondent determined deficiencies in petitioners’ Federal income tax as follows:
Year ended Dec. 31— Deficiency
1978. $1,658
1979. 1,745
The primary issues for determination are (1) whether petitioners are entitled to deductions for expenses allocable to farming income and (2) whether petitioners are entitled to the investment tax credit with respect to assets used in their farming operations.
FINDINGS OF FACT
Some of the facts have been stipulated and are found accordingly. The stipulation of facts and attached exhibits are incorporated herein by this reference.
Petitioners resided…
2Cases cited22 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
- Squire v. CapoemanSupreme Court of the United States · 1956
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