Joseph V. Metallic - Page 4

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          determined that petitioner’s income was taxable income.                     
          Petitioner contends that the IRS does not have the “jurisdiction            
          to levy Taxes on Micmacs.”  Citing the “Watertown Treaty of                 
          Alliance” (Watertown Treaty), petitioner argues that the treaty             
          “signed between the MicMac Nation and the United States                     
          Government was entered into by two Sovereign Nations” and that              
          nothing in the treaty states that they have to pay taxes.                   
               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 the Watertown Treaty specifically exempts any of his             
          compensation.  See George v. Commissioner, T.C. Memo. 2006-121.             
               Respondent determined additions to tax under section                   
          6651(a)(1) for the years in issue.  Section 6651(a)(1) provides             
          for an addition to tax of 5 percent of the tax required to be               
          shown on the return for each month or fraction thereof for which            
          there is a failure to file, not to exceed 25 percent.  The                  
          addition to tax for failure to file is not imposed if it is shown           






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