Allen and Mary Doxtator - Page 26

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          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.                           




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