- 6 - such employee for such employer are performed within an Indian reservation, and (C) the principal place of abode of such employee while performing such services is on or near the reservation in which the services are performed. [Emphasis added.] The parties dispute the meaning of the phrase “within an Indian reservation” contained in section 45A(c)(1)(B).8 I. “Within” an Indian Reservation Petitioner argues that section 45A does not require a qualified employee to work “on” an Indian reservation but “within” an Indian reservation. Petitioner contends that the Galena airport is within the exterior boundaries of a reservation and is therefore “within” an Indian reservation as defined by section 45A because the Galena airport is totally surrounded by land that qualifies as an Indian reservation. Respondent argues that Congress intended the phrase “within an Indian reservation” in section 45A to refer to the interior of the Indian reservation itself, not to non-Indian land adjacent to an Indian reservation. Respondent contends that Congress provided the IEC to encourage private businesses to locate on Indian reservations in order to employ Native Americans who live 8 Sec. 7491 is effective for court proceedings arising in connection with examinations commencing after July 22, 1998. Petitioner does not contend that sec. 7491 is applicable to its case. Further, we do not find that the resolution of this case depends on which party has the burden of proof.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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