Law

Members of Miccosukee Tribe lose appeal in income tax dispute






Billy Cypress, the chairman of the Miccosukee Tribe of Florida. Photo from Florida FOLK SHOW / Facebook

Members of the Miccosukee Tribe of Florida who want to avoid paying federal income taxes lost another round in court on Wednesday.

The group claims that the government cannot collect taxes on funds distributed from the tribe's trust accounts. But the 11th Circuit Court of Appeals did not rule on the merits, instead determining that the case cannot go forward due to the sovereign immunity of the United States.

The 16 plaintiffs cited a provision in the Miccosukee Reserved Area Act that waives the government's immunity for certain claims that could be filed by the tribe. The language, however, does not extend to individual tribal members, the court concluded.

"By its plain language, the waiver of sovereign immunity in the MRAA extends only to actions brought by the Miccosukee Tribe itself, not individual tribe members,' the court wrote in a per curiam decision. The ruling itself is unpublished, meaning it can't be cited as precedent in other cases.

Turtle Talk has posted documents from the case, Cypress v. United States. The lead plaintiff is Billy Cypress, who was recently elected as chairman of the tribe.

11th Circuit Court of Appeals Decision:
Cypress v. United States (March 23, 2016)

More 11th Circuit Court of Appeals Decisions:
Miccosukee Tribe v. Cypress (December 22, 2015)
US v. Billie (June 1, 2015)

Join the Conversation

Related Stories:
Miccosukee Tribe returns Billy Cypress to power despite theft claim (03/08)
Miccosukee Tribe removes Chairman Colley Billie from office (11/11)
Appeals court opens leader of Miccosukee Tribe to IRS summons (06/02)
Miccosukee Tribe fires attorney after being hit with huge fine (05/12)
Miccosukee Tribe wins decision in dispute over fees paid to court (01/27)
Federal judge hits Miccosukee Tribe lawyer with $1M in sanctions (01/16)
Judge delays contempt decision for chairman of Miccosukee Tribe (12/23)
Chair of Miccosukee Tribes faces contempt over dispute with IRS (12/09)
Widower must pay $72K to Miccosukee Tribe after losing appeal (10/15)
Miccosukee Tribe reclaims nearly $5M in wrongful death case (09/25)
Court won't make Miccosukee Tribe pay $4.1M in wrongful death (07/03)
Judge threatens chairman of Miccosukee Tribe with daily fines (11/05)
Judge dismisses Miccosukee Tribe's suit against ex-chairman (10/03)
Miccosukee Tribe accuses ex-chair, Billy Cypress, of stealing $26M (07/05)
Miccosukee Tribe asked to pay $3.2M for wrongful death case (06/21)
IRS requests contempt order for chairman of Miccosukee Tribe (10/31)
Attorneys for Miccosukee Tribe facing ethics investigations (04/06)
Miccosukee Tribe accuses another law firm of taking millions (4/3)
Judge accused of bias after making 'peace pipe' comments (03/27)
Miccosukee Tribe puts dollar figure on per capita back taxes (2/13)