Allen and Mary Doxtator - Page 29

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          sec. 1146 is therefore inapplicable to the distribution of casino           
          profits over 30 years later.                                                
               Our conclusion finds further support in the IGRA.  In that             
          act, Congress specifically addressed the question of Federal                
          income taxation of the distribution of revenues from Indian                 
          gaming activities to tribe members.  Section 2710(b)(3) of title            
          25 provides:                                                                
                    (3) Net revenues from any class II [or III20]                     
               gaming activities conducted or licensed by any Indian                  
               tribe may be used to make per capita payments to                       
               members of the Indian tribe only if --                                 
                   *      *     *      *      *      *      *                         
                    (D) the per capita payments are subject to Federal                
               taxation and tribes notify members of such tax                         
               liability when payments are made.                                      

          Thus, it was Congress's understanding in permitting distributions           
          to tribe members of revenues from gaming activities conducted by            
          the tribe that such distributions would be subject to Federal               
          taxation.  Petitioners' contention that the exemption provided in           
          25 U.S.C. sec. 1146 reaches payments to Oneida Tribe members of             
          tribal gaming revenues cannot be reconciled with the                        
          congressional intent to tax gaming revenues evidenced in 25                 

               20 The IGRA classifies gaming into three categories: class             
          I, generally covering social games for prizes of minimal value;             
          class II, which consists of bingo and certain card games; and               
          class III, which covers all remaining gaming, such as that                  
          typically conducted in casinos.                                             
               Sec. 2710(d)(1)(A) of tit. 25 makes the provisions of 25               
          U.S.C. sec. 2710(b) applicable to class III gaming.                         




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