- 6 - U.S. 1, 6 (1956); Estate of Poletti v. Commissioner, 99 T.C. 554, 557-558 (1992), affd. 34 F.3d 742 (9th Cir. 1994); see Allen v. Commissioner, T.C. Memo. 2006-11; see also George v. Commissioner, supra; Rev. Rul. 2006-20, 2006-15 I.R.B. 746. Any exemption must be based on the clear and unambiguous language of a statute or treaty. Squire v. Capoeman, supra; see Allen v. Commissioner, supra. Petitioner has not shown that any of the cited treaties or statutes specifically exempts any of his compensation. In this case, petitioner relies on Executive Order 13175 of November 6, 2000. 65 Fed. Reg. 67249 (Nov. 9, 2000). He contends that the Executive order overrides all prior law on the subject. Petitioner’s reliance on Executive Order 13175 is misplaced. As described in our findings, the Executive order provides policymaking criteria for agencies to follow when formulating and implementing policies that have tribal implications. However, the Executive order does not contain any language regarding the taxation of Native Americans. Further, section 10 of the Executive order states: This order is intended only to improve the internal management of the executive branch, and is not intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law by a party against the United States, its agencies, or any person. [Exec. Order 13175, 65 Fed. Reg. 67252.] Therefore, Executive Order 13175 does not change decided law that Native Americans are subject to income tax. In any event, anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011