OKLAHOMA CITY (AP) – The Osage Nation’s appeal of a federal court decision that rejected the tribe’s attempt to exempt members who live and work in Osage County from state income taxes has been denied.

The 10th U.S. Circuit Court of Appeals on Friday affirmed a lower court decision in the tribe’s lawsuit against the Oklahoma Tax Commission.

The tribe argued that Congress never affirmatively disestablished the 1.5 million-acre Osage Nation reservation in northeast Oklahoma, and therefore taxing its members violates federal law.

The court wrote that because it concluded the reservation no longer officially exists, the judges didn’t have to address the taxation issue.

An Tax Commission spokeswoman couldn’t be reached for comment late Friday afternoon.

A call to Osage Principal Chief Jim Gray’s office wasn’t immediately returned.