- 6 - 1992-404, the taxpayer, a member of the Mohawk Nation, contended that members of the Iroquois Confederacy of the Six Nations were exempt from Federal income taxation on the basis of the same legal sources petitioner now relies on: The Treaty of the Six Nations, the Jay Treaty, the Treaty of Ghent, and the Constitution.6 The United States Court of Appeals for the Third Circuit held that neither the treaties nor the cited provisions of the Constitution created a Federal income tax exemption for members of the Iroquois Confederacy of the Six Nations. This Court has also specifically held that members of the Seneca Nation were not exempt from Federal income taxes based on the same legal sources relied on by petitioner.7 Nephew v. Commissioner, T.C. Memo. 1989-32. Existing case law is clear and specific. We find that petitioner is not exempt from taxation because of his status as a member of the Seneca Nation. Additionally, petitioner's apparent contention that his income is somehow attributable to his status as a member of the Seneca Nation is vague and unsupported by the record, and we find that none of petitioner's income was derived 6 Specifically, U.S. Const. art. I, sec. 2, cl. 3, and U.S. Const. amend. XIV, sec. 2. These are the same provisions on which petitioner relies. 7 It should also be noted that the taxpayer in Nephew v. Commissioner, T.C. Memo. 1989-32, submitted essentially the same affidavit as petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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