Eleventh Circuit – Turtle Talk

The question presented is: Whether the clear language of Title 25 of the Code of Federal Regulations, and the exclusive authority over federally recognized Indian Tribes granted to the Secretary of Interior under 25 U.S.C. § 2, controls the determination of how the Miccosukee Tribe compensates its members for the use of their lands, to the exclusion of any other federal agency, including the Internal Revenue Service.

Lower court materials here.

Eleventh Circuit Rules Against Miccosukee Members on Taxes on Gaming Per Cap Payments

March 17, 2021Matthew L.M. Fletcher

Here is the opinion in Clay v. Commissioner of Internal Revenue.

Briefs:

Clay Brief

Commissioner’s Brief

Lower court decision here.

Materials in Suit against Lac Courte Oreilles Ojibwe Internet Lending Biz

January 21, 2021Matthew L.M. Fletcher

Here are the materials in Easley v. Hummingbird Funds (S.D. Ala.):

Eleventh Circuit briefs:

Opening Brief

Miccosukee Per Cap Taxation Cert Petitions

January 16, 2019April 24, 2019Matthew L.M. Fletcher

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