Ramsey v. United States

302 F.3d 1074 (2002), cert. denied, 540 U.S. 812 (2003)

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Ramsey v. United States

United States Court of Appeals for the Ninth Circuit
302 F.3d 1074 (2002), cert. denied, 540 U.S. 812 (2003)

Facts

Kip Ramsey (plaintiff) was a member of the federally recognized Yakama Indian Tribe (Yakama). Ramsey owned a logging company that transported timber cut on the Yakama reservation to off-reservation markets using public roads. Ramsey’s company used heavy, diesel-powered trucks. The Internal Revenue Code imposed taxes both for the use of diesel fuel on public roads and on trucks above a certain weight, which Ramsey’s trucks exceeded. Ramsey paid these taxes to the federal government (defendant). Article III of a treaty entered into by the United States and the Yakama in 1855—and still in effect—provided that the Yakama were to have free access to public highways and “the right in common with citizens of the United States to travel upon all public highways.” Ramsey successfully used the treaty in litigation against Washington state to exempt himself from state-imposed taxes. Ramsey sued the United States for a refund of the diesel-fuel and heavy-truck taxes he had paid. The district court ruled in favor of Ramsey, deferring to the ruling in the prior litigation in which Ramsey successfully argued that the treaty exempted him from state taxation. The United States appealed.

Rule of Law

Issue

Holding and Reasoning (Trott, J.)

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