H.R. 2792 (Tax Treatment of Indian Fishing Rights) : Scheduled for Mark-Up By the Subcommittee On Select Revenue Measures of the Committee On Ways And Means March 17, 1988 Jcx-4-88

Cover H.R. 2792 (Tax Treatment of Indian Fishing Rights) : Scheduled for Mark-Up By the Subcommittee On Select Revenue Measures of the Committee On Ways And Means March 17, 1988 Jcx-4-88
H.R. 2792 (Tax Treatment of Indian Fishing Rights) : Scheduled for Mark-Up By the Subcommittee On Select Revenue Measures of the Committee On Ways And Means March 17, 1988 Jcx-4-88
United States. Congress. Joint Committee On Taxation
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1014 (1982); Strom V. Comm ' r , 6 T.C. 621 (1946), af f 'd per curiam, 158 F.
2d 520 (9th Cir. 1947) .
-3- income earned by tribal fishermen from commercial fishing operations, on the ground that the fishing rights reserved to Indians do not encompass a right to be free from taxation on the profits from commercial fishing absent express exemptive language in the operative treaty or statute.
Explanation of H.R. 2792 H.R. 2792, as reported by the Committee on Interior and Insular Affairs, would
...provide that all income derived by an Indian from "the exercise of rights" to fish secured by any treaty, executive order, or Federal statutes, is exempt from all Federal and State taxes (e.g., regular Federal income and Social Security taxes). ° Fishing is defined to include not only actual harvesting of fish, but also the processing and preparation of fish for consumption.
The report of the Committee on Interior and Insular Affairs states that the term "exercise of rights" is to be construed broadly to apply both to income of individual Indians directly involved in fishing activities and also to the income of Indian-owned corporations, partnerships, or other entities engaged in the fishing business, whether or not employees of the business are Indians.


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