- 3 - from tax because he is a member of the Seneca nation, which is part of the unconquered Iroquois Confederacy, and he is still living on unconquered original land. He contends that he is not a U.S. citizen and that the U.S. Constitution states “Indians not Taxed”. Native Americans are subject to the same Federal income tax laws as are other U.S. citizens unless there is an exemption explicitly created by treaty or statute. Squire v. Capoeman, 351 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 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 treaty or statute specifically exempts any of his compensation. See George v. Commissioner, T.C. Memo. 2006-121. Respondent also determined an addition to tax because petitioner did not file his 2001 return. Respondent’s burden of production under section 7491(c) is satisfied by our finding that no return was filed in 2001. To avoid the addition to tax for failure to file, petitioner has the burden of proving that the failure to file did not result from willful neglect and was due to reasonable cause. See United States v. Boyle, 469 U.S. 241, 245 (1985). To prove reasonable cause, a taxpayer must show thatPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011