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President’s Program Permitting Deferral of Employees’ 6.2% Social Security Tax for Four Months Presents Complexity and Risk for...

On August 8, 2020, President Trump signed a Presidential Memorandum entitled “Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster,” effective as of September 1, 2020 (the “Memorandum”)....more

McGirt v. Oklahoma

In series of Treaties with the Creek Nation in the 1830s, the United States established a Reservation for the Creeks, covering millions of acres in northeastern Oklahoma, including land on which the City of Tulsa is located....more

The Paycheck Protection Program Flexibility Act: Helpful Modifications to the PPP, but New Questions Arise

On Wednesday evening of June 3, 2020, the U.S. Congress enacted material modifications to the CARES Act in the Paycheck Protection Program Flexibility Act of 2020 (the “Act”). The Act, originally introduced by Representative...more

CARES Act Provides Significant Payroll Tax Relief and Relief for Business Taxpayers and Individuals

The federal Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”), signed into law on March 27, 2020, contains significant (and mostly temporary) changes to federal tax law that provide immediate...more

Indian Tribes and Alaska Native Corporations to Receive Billions of Dollars in Coronavirus Assistance - Navigating the Tribal...

The nation’s third Coronavirus relief bill, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), was signed into law on Friday March 27, 2020.  The CARES Act provides for rapid, substantial, financial...more

UPDATE: COVID-19-Related Tax Credits and Tax Filing and Payment Relief

Congress, the IRS, and state tax agencies so far have responded to the COVID-19 emergency with a variety of significant legislative and administrative tax relief measures. This briefing will summarize the most important...more

U.S. Supreme Court Hands Down Two Significant Tax Decisions

Yesterday, the Supreme Court handed down two tax decisions, one of which is set to immediately impact internet and other remote retailers nationwide. In South Dakota v. Wayfair, No. 17-494 , the Court overruled Quill Corp. v....more

The Trump Administration announced two key appointments to Indian Affairs posts in the Department of the Interior this week

Tara Sweeney, an Iñupiaq citizen, has been nominated to serve as the Assistant Secretary for Indian Affairs in the Department of the Interior. Ms. Sweeney’s nomination is subject to confirmation by the Senate, which will...more

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi...

John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually molested by the manager of the store. Doe sued Dollar...more

Supreme Court Rejects Challenge to the Use of Tribal-Court Convictions as Predicate Offenses in Federal Domestic Violence...

On June 13, 2016, the Supreme Court issued a decision in United States v. Bryant, resolving a circuit split to hold that tribal-court convictions for domestic violence may be used as predicate offenses for the federal felony...more

Supreme Court Unanimously Holds that Omaha Tribe’s Reservation Not Diminished by 1882 Statute

On March 22, 2016, the Supreme Court issued a decision in Nebraska v. Parker. In this case, Nebraska challenged the Omaha Indian Tribe’s right to enforce a Department of Interior-approved liquor ordinance on parts of the...more

IRS Issues Notice Addressing Impact of the Tribal General Welfare Exclusion Act of 2014 on Existing IRS Guidance

On April 16, 2015, the IRS released Notice 2015-34 clarifying the effect of the Tribal General Welfare Exclusion Act of 2014, Pub. L. No. 113-168, 128 Stat. 1883 (2014) (the “Act”), which added new Section 139E to the...more

Monumental Change Announced for Alaska Native Tribes—BIA will Allow Alaskan Land to be Taken into Trust

On December 19, 2014, the Bureau of Indian Affairs announced the promulgation of a final rule that will allow land to be taken into trust for federally-recognized tribes in Alaska. Allowing trust lands in Alaska is a seismic...more

IRS Issues Final Revenue Procedure Addressing Application of General Welfare Exclusion to Tribal Government Programs

On June 3, 2014, the IRS released Revenue Procedure 2014-35 providing final guidance for Indian tribal governments regarding the application of the general welfare exclusion to Indian tribal government programs that provide...more

Counterpoint: Clarifying the facts around where you live for tax purposes

Residency rules haven’t changed. Now a bill lets exiles keep their Minnesota professional advisers. As a Minnesota tax lawyer for nearly 30 years, I read with interest the Star Tribune article April 16 (“Avoiding state tax...more

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