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Supreme Court to Settle Tribal Gaming Tax Issue

"Two Oklahoma tribes -- the Chickasaw Nation of Ada and the Choctaw Nation of Durant -- are appealing a decision by the 10th Circuit Court of Appeals in Denver ordering them to pay a federal excise tax on revenue from pull tabs sold by their businesses.

"Prior to that decision, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., ruled the Shakopee Mdewakanton Sioux tribe of Minnesota is exempt from paying the tax.

"…The Minnesota tribe, fearing its favorable ruling might be overturned, filed a brief with the Supreme Court urging it to not to hear the Oklahoma case.

"…While the [Oklahoma] tribes withheld income taxes from winnings, it did not pay federal wagering excise taxes or federal occupation taxes.

"…The tribes sought relief in federal court, arguing it was not the intent of the Indian Gaming Regulatory Act of 1988 to subject their gaming operations to federal wagering excise taxes.

"…`It's not a big money issue,' [Mark Van Norman, executive director of the National Indian Gaming Association ] said. `It's a sovereignty and governmental respect issue. Tribes feel like the federal government should have the same respect for them as they have for local and state governments.'"

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