John W. Marsh - Page 15




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          (1994).  The Internal Revenue Code taxes the income of all                  
          individuals; only nonresident aliens are excluded.2  See sec. 1.            
          However wrongful the 1893 overthrow of the Kingdom of Hawaii may            
          have been, we can provide no relief to petitioner from the lawful           
          application of the general law of the United States, including              
          the Internal Revenue Code.  Similarly based arguments with                  
          respect to native American Indians have been rejected by the                
          Supreme Court.  Johnson v. M'Intosh, 21 U.S. 543, 588 (1823).  We           
          see no reason for elevating petitioner's claim above that of                
          native American Indians.  The Supreme Court has more recently               
          stated:  “Indians are citizens and that in ordinary affairs of              
          life, not governed by treaties or remedial legislation, they are            
          subject to the payment of T income taxes as are other citizens.”            
          Squire v. Capoeman, 351 U.S. 1, 6 (1956). The Joint Resolution              
          relied on by petitioner specifically provides:  “Nothing in this            
          Joint Resolution is intended to serve as a settlement of any                
          claims against the United States.”  Pub. L. 103-150, sec. 3, 107            
          Stat. 1514 (1993).  The Joint Resolution is neither a treaty nor            
          remedial legislation.  Congress has not seen fit to exempt                  
          citizens or residents of the United States from the imposition of           
          income tax on the basis of unlawful acquisition of the native               
          land of their ancestors by the United States.  If such relief is            


               2Sec. 2(d) provides in the case of a nonresident alien                 
          individual the taxes imposed by secs. 1 and 55 shall apply only             
          as provided by sec. 871 or 877.                                             





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