Mark D.George - Page 6

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          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, an               





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