- 26 - Whether the casino was located on tribal land (as respondent contends) or on allotted land18 (as petitioners at times appear to contend), the payments, constituting distributions to Tribe members of profits from a casino owned and operated by the Tribe, would be taxable to the Tribe members receiving them. If on tribal land, they would be taxable on receipt. Choteau v. Burnet, 283 U.S. 691 (1931); Anderson v. United States, 845 F.3d 206 (9th Cir. 1988); Fry v. United States, 557 F.2d 646 (9th Cir. 1977); Holt v. Commissioner, 364 F.2d 38 (8th Cir. 1966), affg. 44 T.C. 686 (1965). If on allotted land, they would be taxable upon receipt because not "derived directly" from the allotted land. See Squire v. Capoeman, 351 U.S. 1 (1956); Cross v. Commissioner, 83 T.C. 561 (1984), affd. sub nom. Dillon v. United States, 792 F.2d 849 (9th Cir. 1986); Hoptowit v. Commissioner, 78 T.C. 137 (1982); Critzer v. United States, 220 Ct. Cl. 43, 597 F.2d 708 (1979). 18 Under the General Allotment Act of 1887, ch. 119, 24 Stat. 388, as amended, Indians were allotted shares of reservation land, held in trust on their behalf by the United States. See Squire v. Capoeman, 351 U.S. 1, 3 (1956). Indians holding such allotments could not alienate or encumber the property without consent of the U.S. Government. Id. at 4. Indians possessing such allotments were referred to as "noncompetent" because of their inability to alienate or encumber the land they held. Hoptowit v. Commissioner, 709 F.2d 564, 565 n.1 (9th Cir. 1983), affg. 78 T.C. 137 (1982). In this case, the parties agree that the Oneida Tribe purchased the land on which the casino was located from noncompetent Tribe members in 1968. In respondent's view, the land became tribal land upon this purchase, whereas petitioners, though not clear on this point, appear to take the position that the land retained its character as allotted land.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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