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WARREN TRADING POST v. TAX COMM'N.

No. 115.

380 U.S. 685 (1965)

WARREN TRADING POST CO. v. ARIZONA TAX COMMISSION ET AL.

Supreme Court of United States.

Decided April 29, 1965.

Attorney(s) appearing for the Case

Edward Jacobson argued the cause and filed briefs for appellant.

Philip M. Haggerty, Assistant Attorney General of Arizona, argued the cause for appellees. With him on the brief were Robert W. Pickrell, Attorney General, and Walter O. Holm, Assistant Attorney General.

Briefs of amici curiae, urging reversal, were filed by Solicitor General Cox and Roger P. Marquis for the United States; by Arthur Lazarus, Jr., and Royal D. Marks for the Association on American Indian Affairs. Inc., et al.; by Norman M. Littell and Leland O. Graham for the Navajo Tribe of Indians, and by Edward B. Berger for the Papago Tribe.

MR. JUSTICE BLACK delivered the opinion of the Court.

Arizona has levied a tax of 2% on the "gross proceeds of sales, or gross income" of appellant Warren Trading Post Company, which does a retail trading business with Indians on the Arizona part of the Navajo Indian Reservation under a license granted by the United States Commissioner of Indian Affairs pursuant to 19 Stat. 200, 25 U. S. C. § 261 (1958 ed.).

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