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MIKE v. FRANCHISE TAX BD.

No. D054439.

182 Cal.App.4th 817 (2010)

106 Cal. Rptr. 3d 139

ANGELINA MIKE, Plaintiff and Appellant, v. FRANCHISE TAX BOARD, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

March 5, 2010.

Attorney(s) appearing for the Case

Sheppard Mullin Richter & Hampton, Richard M. Freeman and Carole M. Ross for Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, Paul D. Gifford, Assistant Attorney General, W. Dean Freeman, Tim Nader and Leslie Branman Smith, Deputy Attorneys General, for Defendant and Respondent.

OPINION

McDONALD, J.—

Plaintiff Angelina Mike is an American Indian and an enrolled member of the Twenty-Nine Palms Band of Mission Indians (the Tribe). She does not live on the Tribe's reservation, but resides on the reservation of a different tribe. In 2000, Mike received a distribution from gaming operations conducted on the Tribe's reservation (the income). The question is simply stated—may the State of California collect income...

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