Oklahoma Tax Comm'n v. Sac and Fox Nation, 508 U.S. 114, 10 (1993)

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Cite as: 508 U. S. 114 (1993)

Opinion of the Court

II

A

In McClanahan v. Arizona State Tax Comm'n, 411 U. S. 164 (1973), we held that a State was without jurisdiction to subject a tribal member living on the reservation, and whose income derived from reservation sources, to a state income tax absent an express authorization from Congress. The Commission contends that the McClanahan presumption against jurisdiction comes into effect only when the income is earned from reservation sources by a tribal member residing on the reservation. Under the Commission's reading of McClanahan, the District Court erred in not determining whether the Sac and Fox Reservation has been disestablished or reduced because unless the members of the Sac and Fox Nation live on a reservation the State has jurisdiction to tax their earnings and their vehicles. The Commission is partially correct: The residence of a tribal member is a significant component of the McClanahan presumption against state tax jurisdiction. But our cases make clear that a tribal member need not live on a formal reservation to be outside the State's taxing jurisdiction; it is enough that the member live in "Indian country." Congress has defined Indian country broadly to include formal and informal reservations, dependent Indian communities, and Indian allotments, whether restricted or held in trust by the United States. See 18 U. S. C. § 1151.

Our decision in McClanahan relied heavily on the doctrine of tribal sovereignty. We found a "deeply rooted" policy in our Nation's history of "leaving Indians free from state jurisdiction and control." 411 U. S., at 168 (internal quotation marks omitted). Indian nations, we noted, long have been " 'distinct political communities, having territorial boundaries, within which their authority is exclusive.' " Ibid. (quoting Worcester v. Georgia, 6 Pet. 515, 557 (1832) (Marshall, C. J.)). The Indian sovereignty doctrine, which histor-

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