- 29 - 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.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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