Agua Caliente Band v. Riverside County Complaint over Taxes on On-Rez Lessees

Here is the complaint in Agua Caliente Band of Cahuilla Indians v. Riverside County (C.D. Cal.):

Complaint

News coverage here.

New Study: “Indian Tribal Government Access to Tax-Exempt Bond Financing”

Edith Brashares and Siobhan O’Keefe have posted “Indian Tribal Government Access to Tax-Exempt Bond Financing” on SSRN.

Here is the abstract:

While prior research focuses on Federal assistance to Native American tribal governments through spending programs, we examine tax incentive use by tribes. Tribal governments can issue tax-exempt bonds where the interest rates are lower because the Federal government does not tax bondholder on the interest they receive. To provide context, we briefly summarize the tax rules for tax-exempt bonds and describe tribal tax-exempt borrowing between 1987 and 2010. These data have not been published previously. Unlike most studies of tax-exempt bonds that examine how much is borrowed, we start by modeling the decision of a tribal government to borrow using tax-exempt bonds. We find tribes with resources, either gaming income or royalties, but that have members in need are more likely to borrow using tax-exempt bonds. Of those tribes that do borrow, the amount increases with the interest rate spread relative to Treasuries, gaming income and per capita income.

Ninth Circuit Rejects Another Matheson Objection to Tribal-State Tax Compact

Here are the materials in Matheson v. Smith:

CA9 Unpublished Memorandum

Matheson Opening Brief

Washington Brief

Matheson Reply Brief

Lower court materials here.

Thurston County Attempt to Widen Chehalis Tribes’ Great Wolf Lodge Tax Dispute Fails

Here are the new materials in Confederated Tribes of the Chehalis Reservation v. Thurston County Board of Equalization (W.D. Wash.):

210 County Motion for Declaratory Judgment

217 Chehalis Response

218 DCT Order Denying County Motion

An excerpt:

On November 21, 2013, Defendants filed a motion for declaratory judgment requesting that the Court “enter a declaratory judgment that the property taxes on the non-permanent, removable business personal property are not preempted as a matter of law . . . .” Dkt. 210 at 8–9. On December 9, 2013, Plaintiff opposed the motion on the grounds that it is procedurally improper and seeks relief outside of the pleadings. Dkt. 217 at 4–8. The Court agrees with Plaintiff on both points because (1) the amended complaint for declaratory judgment seeks relief for improvements that are not removable (Dkt. 46, ¶ 19) and (2) “a party may not make a motion for declaratory relief, but rather, the party must bring an action for a declaratory judgment.”

Miccosukee Tribal Members Petition for Relief from IRS

Here are the various Tax Court petitions:

Billie Petition

Tigertail Petition

J. Cypress Petition

E. Cypress Petition

Affiliated Tribes of Northwest Indians Asks Wash. Dept. of Revenue to Withdraw Guidance re: Chehalis Decision

Here:

Res 13-87

That guidance is here.

Update in Comanche v. Fallin — Dispute over Tax Compact — UPDATEd (12/2/13)

Here are the federal court filings so far in Comanche Nation v. Fallin (W.D. Okla.):

1 Complaint

9 Motion for TRO

11 Oklahoma Motion to Vacate Arbitration

14 TRO order

UPDATE (12/2/13):

19 Minute Order

2512486 – Nov 20 2013 Transcript of Hearing in Comanche Nation v Fallin – Hon Robin J Cauthron

An excerpt:

Pursuant to this Order, Defendants are hereby Ordered to recognize, honor, and implement the terms of the October 31, 2013, Compact with the Chickasaw Nation and all of its terms, including the tax apportionment formulas, as if that Compact were entered  with Plaintiffs. Further, the State shall withdraw any tobacco stamps issued inconsistently with the terms of the 2013 Compact.
The Court finds that any tax loss to the State is easily recoupable, and because this Order will expire in three weeks, in accordance with Fed. R. Civ. P. 65(c), Plaintiffs shall post a bond in the amount of $25.00 within three days of the date of this Order.

Prior post here.

Washington Dept. of Revenue Interim Guidance in Light of Chehalis v. Thurston County

Here:

Assessors — Interim Guidance 9th Circuit Court Decision — Memo Attachment

Here is the text:

Interim Guidance to County Assessors regarding the Application of the Federal Ninth Circuit Court of Appeals Decision in Confederated Tribes of the Chehalis Reservation v. Thurston County Board of Equalization


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Comanche Wins Emergency Arbitration Injunction against Oklahoma in Tax Compact Dispute

Here is the award in Comanche Nation v. State of Oklahoma (AAA):

8672778_1(Comanche Nation v State of Oklahoma Order)

Update:

Signed Order

Research Guide to American Indian Tax Law

The Law Library Journal has published “Analytical Research Guide to Federal Indian Tax Law” by M. Christian Clark. Very nice article and well worth a read-through.

An excerpt:

Turtle Talk: The Indigenous Law and Policy Center Blog. https://turtletalk.wordpress.com.
Matthew L.M. Fletcher, Wenona T. Singel, and Kathryn E. Fort of the Indigenous Law and Policy Center at Michigan State University College of Law maintain Turtle Talk, a blog that updates readers on current Indian law issues. Fletcher has authored dozens of Indian law articles, including many concerning Indian tax law. The blog frequently includes the most cited sources on Indian law, which is highly useful for litigation, IRS administrative disputes, and assessing specific Indian issues. A weekly summary with analysis and case updates may be subscribed to by e-mail.

Miigwetch for the nice notice. Not sure weekly summaries are in the offering though. 🙂

Huh. KF says you can. Shows what I know.