home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: misc.activism.progressive
- Path: sparky!uunet!charon.amdahl.com!pacbell.com!mips!darwin.sura.net!nntp.msstate.edu!ukma!mont!pencil.cs.missouri.edu!rich
- From: rich@pencil.cs.missouri.edu (Rich Winkel)
- Subject: TRADITIONAL MOHAWKS CHALLENGE INCOME TAX
- Message-ID: <1992Aug19.191244.6408@mont.cs.missouri.edu>
- Followup-To: alt.activism.d
- Originator: rich@pencil.cs.missouri.edu
- Sender: news@mont.cs.missouri.edu
- Nntp-Posting-Host: pencil.cs.missouri.edu
- Organization: PACH
- Distribution: na
- Date: Wed, 19 Aug 1992 19:12:44 GMT
- Approved: map@pencil.cs.missouri.edu
- Lines: 71
-
- /** gen.nativenet: 343.0 **/
- ** Topic: -- Mohawks Challenge Income Tax **
- ** Written 4:45 pm Aug 18, 1992 by gtrujillo in cdp:gen.nativenet **
- /* Written 9:44 pm Aug 17, 1992 by nwtrcc in cdp:nonviolent.act */
- /* ---------- "-- Mohawks Challenge Income Tax" ---------- */
- TRADITIONAL MOHAWKS CHALLENGE INCOME TAX
-
- by Peter Goldberger
-
- In 1987, Carol and Glenny Lazore attached an affidavit to their income tax
- return asserting their right not to be subject to U.S. income tax, thereby
- starting a chain of events which now leaves them awaiting a decision from
- the U.S. Tax Court which will shape not only their future, but potentially
- that of their entire nation.
-
- The Lazores belong to the Mohawk Tribe of Native American Indians, part of
- the Six Nations Confederacy, who are also known as the Iroquois or
- Haudenosaunee (People of the Long House). Through their active
- participation in Mohawk self-government they learned that, according to
- their treaty history, they have a right to be free of U.S. taxation. At
- their tax court trial in Philadelphia in September 1991, the Lazores'
- lawyers, Peter Goldberger and Jim Feldman (NWTRCC network attorneys), used
- both Mohawk and European-American historical sources to present the complex
- history involved. Final briefs were filed this spring.
-
- At trial, a sub-chief and a faith-keeper described the Haudenosaunee self-
- government and their maintenance of a thorough oral history, and a history
- professor from Cornell interpreted European-American documents to arrive at
- an understanding of the relationship between the U.S. and the Six Nations.
- IRS efforts to exclude their testimony failed. Tax Court Judge Helen
- Buckley seemed particularly interested in Carol Lazore's testimony about
- the matriarchal structure of Iroquois society.
-
- The relevant treaties, signed in the late 1700's, cannot directly exempt
- the Six Nations from income tax, because the Internal Revenue Code did not
- exist at that time. However, by treaty, Native Americans are exempted from
- border duties, the largest source of revenue for the U.S. government at the
- time, and the U.S. government continues to recognize the validity of that
- exemption -- and thus of the treaties -- today. More important, the U.S.
- agreed, in exchange for continued peace and access to the Iroquois lands,
- that it will not "disturb . . . any of the Six Nations . . . in the free
- use and enjoyment [of their lands]," and affirmed the existence of the Six
- Nations as a separate, sovereign nation, politically and economically.
-
- The IRS contends that lack of a specific exemption wins the case for them.
- The Lazores respond that traditional Haudenosaunee remain within the
- category of "Indians not taxes" referred to in the census clauses of the
- U.S. Constitution, so that any attempt to interpret either the Internal
- Revenue Code or the treaties so as to allow imposition of an income tax on
- them would be unconstitutional. Most Indian Nations have lost the
- protection of that clause either by military defeat or by voluntary
- acceptance of U.S. citizenship, but neither of those circumstances applies
- to the Iroquois.
-
- The IRS accepted the Haudenosaunee claim to exemption until the mid-1950's,
- but has recently begun to step up enforcement efforts. Three prior cases,
- litigated in Tax Court without legal assistance and without the aid of
- expert witnesses failed, but the results were not precedential. As the
- Lazores await the decision of the Tax Court, they can only hope that the
- U.S. will honor its agreement fully and cease to impose income tax upon the
- citizens of the Six Nations. Whichever side wins the Tax Court decision, an
- appeal to the federal courts is expected.
-
- The cause of the Six Nations sovereignty has been championed and defended
- by the Philadelphia Yearly Meeting of the Religious Society of Friends for
- over 200 years, and the Indian Committee of the Yearly Meeting continues
- that effort by supporting the Lazore case. Contributions earmarked toward
- this cause are accepted by the Committee at 1515 Cherry St., Philadelphia,
- PA, 19107.
- ** End of text from cdp:gen.nativenet **
-
-