8th Circ. Urged To Revisit Nix Of SD Tribe's Casino Tax Protest

By Abraham Gross (September 23, 2019, 5:28 PM EDT) -- An Eighth Circuit decision allowing South Dakota's contractor excise tax to be levied on work performed on a tribal casino was an unprecedented contradiction of congressional intent and must be revisited, the casino's tribal owner has urged the court.

In a petition for panel or en banc rehearing filed Friday, the Flandreau Santee Sioux Tribe said the court's finding this month that the Indian Gaming Regulatory Act doesn't preempt the state's tax would lead other states to tax their own tribal gaming. The court's opinion held that the state's interests supersede tribal and federal interests. 

"The analysis and outcome are both exceptionally important,"...

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