No. 24-804

Frank W. Bibeau v. Commissioner of Internal Revenue

Lower Court: Eighth Circuit
Docketed: 2025-01-28
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: congressional-authorization constitutional-provision federal-income-tax indian-taxation reservation-income self-employment-income
Key Terms:
AdministrativeLaw DueProcess FourthAmendment FifthAmendment JusticiabilityDoctri
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Did the Court of Appeals err in upholding federal income tax on an individual Indian's self-employment income earned on his Tribe's reservation without Treaty, constitutional, or congressional expressly stated authorization for that taxation?

Question Presented (OCR Extract)

The Commissioner of Internal Revenue, a federal agency, applied federal income tax to the on-reservation income of an Indian despite a constitutional provision that Indians Not [be] Taxed and in the absence of an Act of Congress clearly authorizing the tax. The question presented is: Did the Court of Appeals err in upholding federal income tax on an individual Indian’s self-employment income earned on his Tribe’s reservation without Treaty, constitutional, or congressional expressly stated authorization for that taxation? ii STATEMENT OF RELATED CASES Frank W. Bibeau v. Commissioner of Internal Revenue , No. 23-2923, U.S. Court of Appeals for the Eighth Circuit. Judgment entered July 19, 2024. Frank Warren Bibeau v. Commissioner of Internal Revenue , Docket No. 11483-20L, U.S. Tax Court. Judgment entered May 24, 2023. Frank Warren Bibeau v. Commissioner of Internal Revenue , Docket No. 11483-20L, U.S. Tax Court. Judgment entered May 25, 2023. Frank W. Bibeau v. Commissioner of Internal Revenue , No. 23-2923, U.S. Court of Appeals for the Eighth Circuit. Judgment entered September 26, 2024.

Docket Entries

2025-03-03
Petition DENIED.
2025-02-13
Amicus brief of Sauk-Suiattle Indian Tribe submitted.
2025-02-13
Brief amicus curiae of Sauk-Suiattle Indian Tribe filed. (Distributed)
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-10
Waiver of Commissioner of Internal Revenue of right to respond submitted.
2025-02-10
Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
2025-01-24
2024-12-12
Application (24A567) granted by Justice Kavanaugh extending the time to file until January 24, 2025.
2024-12-04
Application (24A567) to extend the time to file a petition for a writ of certiorari from December 25, 2024 to January 24, 2025, submitted to Justice Kavanaugh.

Attorneys

Commissioner of Internal Revenue
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Frank Bibeau
Frank Warren BibeauBIBEAU LAW OFFICE, Petitioner
Frank Warren BibeauBIBEAU LAW OFFICE, Petitioner
Sauk-Suiattle Indian Tribe
Jack Warren FianderDillon Louis Spiess, Amicus
Jack Warren FianderDillon Louis Spiess, Amicus