Miccosukee Per Cap Taxation Cert Petitions

Here is the petition in Miccosukee Tribe of Indians of Florida v. United States:

cert-petition-1-1.pdf

Question presented:

The 2014 Tribal General Welfare Exclusion Act states that, for income tax purposes, “[g]ross income does not include the value of any Indian general welfare benefit.”

The question presented is whether contrary to that plain command, gross income includes “Indian general welfare benefits” when those benefits are derived from gaming revenue pursuant to the 1988 Indian Gaming Regulatory Act.

Here is the petition in Jim v. United States:

cert-petition-2-1.pdf

Questions presented:

Whether treaties with Indian tribes must be construed consistent with that tribe’s present-sense understanding of the treaty.

Whether the Miccosukee Tribe’s long-standing method of compensation for use of Tribal member lands and distributing revenue from land to its members can be considered a “mere formalism” to avoid inclusion and taxation as income to the members when the Tribe’s chosen method of compensation is soundly in line with federal law and policy.

Whether the Assistant Secretary of the Interior through its designated representative can interpret, waive, modify or exempt payments made to tribal members from inclusion as income.

Lower court materials here.

UPDATE:

US BIO

McNeal v. Navajo Nation Cert Petition

Here:

cert-petition-2.pdf

Question presented:

Whether the Tenth Circuit panel violated the current jurisprudence of this Court and the Congressional policy underlying IGRA by precluding the Nation from exercising its sovereign authority to permit a patron’s tort claim against the Nation and its gaming facility to be brought in state court without express congressional permission.

Lower court materials here.

UPDATE (3/14/19):

Navajo BIO

California Tribes Sue California Governor over Card Rooms Rules

Here is the complaint in Yocha Dehe Wintun Nation v. Brown (E.D. Cal.):

1 Complaint

Tribes Sue California for Violation of Good Faith Obligation to Negotiate a Class III Compact

Here is the complaint in Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California (E.D. Cal.):

1 complaint

Tenth Circuit Decides Comanche Nation v. Zinke [Chickasaw Trust Land Acquisition]

Here is the unpublished order.

Briefs here.

Lower court materials here.

Washington COA Rejects Tribal Vendor’s Tax Assessment Challenge

Here are the materials in Everi Payments Inc. v. Washington State Dept Of Revenue:

507919 Appellant’s Brief

507919 Respondent’s Brief

507919 Reply Brief

D2 50791-9-II Published Opinion

Lower court materials here.

Update in Fort Sill Apache Tribe v. NIGC

Here are the new materials in Fort Sill Apache Tribe v. National Indian Gaming Commission (D.D.C.):

80 Amended Complaint

84-1 US Motion to Dismiss

87 Opposition

92 Reply in Support of 84

93 Fort Sill Motion to Compel

94 US Opposition

96 Reply in Support of 93

98 DCT Order Partially Granting 84

102 Fort Sill Motion to Complete Admin Record

103 Opposition

104 Reply in Support of 102

105 DCT Order on 102

Prior posts here.

Opposition Briefs in Stand Up For California v. Dept. of Interior

Here:

North Fork Rancheria Opposition Brief

US Opposition Brief

UPDATE 12/12/18): Reply

Cert petition here.

California Prevails over Pauma Band in IGRA Good Faith Negotiations Litigation

Here are the materials in Pauma Band of Luiseño Mission Indians of the Pauma & Yuima Reservation v. State of California (S.D. Cal.):

27 Second Amended Complaint

30-1 State Motion to Dismiss + Strike

32 Response

33 Reply

36-1 State X Motion for Summary J

37-1 Tribe X Motion for Summary J

40 State Opposition

41 Tribe Opposition

43 State Reply

44 Tribe Reply

49 DCT Order

Michigan Prevails over Bay Mills Indian Community re: Vanderbilt Casino Property

Here is the order in Bay Mills Indian Community v. Snyder (W.D. Mich.):

91 DCT Order

Briefs here.

Related posts here.