Appeals Court Won't Rehear Oklahoma Tribe's Case

A federal appeals court has denied a request for a rehearing in a lawsuit brought by the Osage Nation in an attempt to exempt its members who live and work in Osage County from state income taxes.

Wednesday, May 26th 2010, 12:45 pm

By: News 9


Associated Press

OKLAHOMA CITY -- A federal appeals court has denied a request for a rehearing in a lawsuit brought by the Osage Nation in an attempt to exempt its members who live and work in Osage County from state income taxes.

In a three-sentence ruling issued Tuesday, the 10th U.S. Circuit Court of Appeals rejected the tribe's request.

In March, a three-judge panel from the appeals court affirmed a lower-court ruling in the tribe's lawsuit against the Oklahoma Tax Commission. The tribe claims Congress never affirmatively disestablished its reservation in northeast Oklahoma and therefore taxing its members violates federal law.

On the tribe's website, Osage Nation Chief Jim Gray says an appeal to the U.S. Supreme Court is a possibility. Tax Commission spokeswoman Paula Ross says the agency is confident the court's decision will stand.

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