Allen and Mary Doxtator - Page 9

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          taxable year.  In that case, at docket No. 6313-95S, petitioners            
          argued that tier II railroad retirement benefits received by Mr.            
          Doxtator were exempt from Federal income tax because of                     
          petitioners' status as Native Americans.  We concluded, in an               
          unpublished Summary Opinion that has been made part of the record           
          in this case, that petitioners had failed to identify any statute           
          or treaty that would exempt the retirement benefits from tax and            
          accordingly sustained the deficiency.  Our opinion was filed on             
          March 20, 1997.                                                             
                                       OPINION                                        
          Jurisdiction                                                                
               Petitioners contend that this Court does not have                      
          jurisdiction over that portion of their deficiencies that relates           
          to "Treaty rights of the Oneida, income derived from The                    
          Sovereign Government of the Oneida, and income from an investment           
          made by the Oneida Government, i.e. enrolled membership."                   
          Petitioners concede our jurisdiction with respect to the issues             
          involving their claimed casualty loss and their investment                  
          income.  In context, as best we can understand petitioners'                 
          claim, we believe they are challenging our jurisdiction to                  
          redetermine the deficiencies determined with respect to Mrs.                
          Doxtator's compensation as a judicial officer for the Oneida                
          Tribe and their receipt of the $1,500 payments from the Oneida              
          Tribe.                                                                      






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