United States v. Mason, 412 U.S. 391 (1973)

United States v. Mason


No. 72-654


Argued April 18, 1973
Decided June 4, 1973 GO>*
412 U.S. 391

CERTIORARI TO THE UNITED STATES COURT OF CLAIMS

Syllabus

The United States did not breach its fiduciary duty as trustee of Indian property by paying the Oklahoma inheritance tax assessed against the estate of decedent, a restricted Osage Indian, in reliance on West v. Oklahoma Tax Comm’n, 334 U.S. 717, which had upheld the validity of that tax as applied to the same kind of estate. Pp. 394-400.

198 Ct.Cl. 599, 461 F.2d 1364, reversed.

MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. DOUGLAS, J., concurred in the result.