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TOPASH v. COMMISSIONER OF REVENUE

No. 50030.

291 N.W.2d 679 (1980)

Bernard W. TOPASH, Relator, v. The COMMISSIONER OF REVENUE, Respondent.

Supreme Court of Minnesota.

March 28, 1980.

Attorney(s) appearing for the Case

Bernard P. Becker, St. Paul, Richard B. Collins, Native American Rights Fund, Boulder, Colo., for relator.

Warren Spannaus, Atty. Gen., and Paul R. Kempainen, Sp. Asst. Atty. Gen., Dept. of Revenue, St. Paul, for respondent.

James W. Moorman, Asst. Atty. Gen., Edward J. Shawaker and Judith Welch Wegner, Attys., Dept. of Justice, Washington, D. C., amicus curiae.

Heard, considered, and decided by the court en banc.

WAHL, Justice.

A writ of certiorari was granted by this court to allow taxpayer Bernard Topash to challenge a decision of the Minnesota Tax Court denying his claim for refund of Minnesota income tax paid by him in 1973. The issue presented is whether the State of Minnesota has jurisdiction over income earned within the Red Lake Indian Reservation by an Indian residing within the reservation but enrolled in a tribe other than the Red Lake Band of Chippewa Indians....

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