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- By Levi Rickert
The Oklahoma Supreme Court has ruled that a citizen of the Muscogee Nation must pay state income taxes, even though she resides within the boundaries of the Muscogee reservation and earned all her income from within that territory.
In a 6-3 decision issued Tuesday, July 1, the court rejected Alicia Stroble’s appeal of a ruling by the Oklahoma Tax Commission, which held her liable for state income taxes for the years 2017, 2018, and 2019. Stroble had argued the Tax Commission’s decision conflicted with the U.S. Supreme Court’s landmark 2020 ruling in McGirt v. Oklahoma, which affirmed that the Muscogee (Creek) reservation was never disestablished by Congress.
Stroble maintained that under McGirt, all land within the reservation’s boundaries—including privately owned “fee” land—should be recognized as “Indian country,” and therefore exempt from state taxation for tribal citizens. However, the Oklahoma Supreme Court disagreed, ruling that the McGirt decision does not shield reservation residents from state income tax obligations.
After the verdict, Muscogee Nation Principal Chief David W. Hill released the following statement:
“The Muscogee Nation is disappointed in the Oklahoma Supreme Court’s ruling today in Stroble v. Oklahoma Tax Commission departing from well-settled law originally recognized by the United States Supreme Court over 50 years ago and that is inconsistent with the State’s own administrative tax rules. Ever since the McGirt ruling, we have seen Oklahoma state courts go through legal gymnastics to come up with results that are not in compliance with federal law and that do not even follow pre-McGirt state court precedent on the limits of state authority in Indian country. The Stroble ruling is another sad example of those antics. We know that this ruling could have broad implications for Indian Country, so we are carefully reviewing the decision with our legal team and preparing for the next steps. While it is important to remember that the Muscogee Nation cannot provide legal advice on individual tax cases to citizens, the Nation will remain diligent in coordination and communication of what our response will be.”
Oklahoma Governor Kevin Stitt issued a statement on the decision:
This is a big win for the future of Oklahoma. From day one, I’ve fought to make sure every Oklahoman is treated equally.
Tribal governments, liberal groups, and some elected officials have pushed for special tax exemptions that would create a two-tiered system — one set of rules for tribal citizens and another for everyone else. That’s wrong. It would divide our state and weaken the public services every family relies on.
This ruling makes it clear that attempts to expand McGirt into civil and tax matters have no basis in the law. We are one Oklahoma. And as long as I’m Governor, we aren’t going backwards.
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