- 15 - (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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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