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SQUIRE v. CAPOEMAN

No. 13640.

220 F.2d 349 (1955)

Clark SQUIRE, Collector of Internal Revenue for the District of Washington, Appellant, v. Horton CAPOEMAN and Emma Capoeman, his wife, Appellees.

United States Court of Appeals, Ninth Circuit.

March 11, 1955.

Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Karl Schmeidler, Ellis N. Slack, Helen Goodner, Carolyn R. Just, Sp. Assts. to Atty. Gen., Thomas R. Winter, Atty., Internal Revenue Service, Charles P. Moriarty, U. S. Atty., Seattle, Wash., Guy A. B. Dovell, Asst. U. S. Atty., Tacoma, Wash., for petitioner.

John W. Cragun, Wash., D. C., Kenneth R. L. Simmons, Billings, Mont., for respondents.

Before HEALY, BONE and CHAMBERS, Circuit Judges.

PER CURIAM.

This case has to do with the taxability as income of the proceeds of a sale of timber on trust allotted land of a tribal Indian.

Under the provisions of a Treaty with the Quinaielt Indian Tribe, 12 Stat. 971, tribal lands in what is now the State of Washington were transferred to the United States. By the terms of the treaty an area was reserved therefrom and set apart for the exclusive use of the members of the tribe. Pursuant to the terms of...

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