- 5 - Nations,3 the Treaty of Ghent,4 and the Jay Treaty.5 Petitioner further contends that he is exempt from taxation under the provisions of article 1, section 2, clause 3 of the U.S. Constitution, and section 2 of the 14th Amendment to the Constitution. In further support of his claim of a Federal income tax exemption, petitioner also apparently contends that he was specifically hired by his employer because he is a member of the Seneca Nation and that this is an additional reason for exempting his wages from the Federal income tax. Petitioner testified that he was hired to work "high rise" specifically because he was an Indian: "[O]ne of the reasons why [I] got the job was the Indians back in New York, all worked high rise." Petitioner contends that "The Federal Government and Congress intended to exempt Indians from taxation by a guarantee of total [tax] exemption through several treaties made with them et al." In Lazore v. Commissioner, 11 F.3d 1180 (3d Cir. 1993), affg. in part and revg. in part on another ground T.C. Memo. 3 The treaty is known as the Treaty of Canadaigua or the Treaty of the Six Nations, Nov. 11, 1794, 7 Stat. 44. 4 The treaty is known as the Treaty of Peace and Amity or the Treaty of Ghent, Dec. 24, 1814, 8 Stat. 218, T.S. 109. 5 The treaty is known as the Treaty of Amity, Commerce, and Navigation or the Jay Treaty, Nov. 19, 1794, 8 Stat. 116, T.S. 105.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011