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WAGNON v. PRAIRIE BAND POTAWATOMI NATION Opinion of the Court
on fuel that is subsequently destroyed. While this section does not specify the event that gives rise to the distributor’s tax liability, it forecloses the Nation’s contention that such liability does not arise until fuel is sold or delivered to a nonexempt entity. III Although Kansas’ fuel tax is imposed on non-Indian dis tributors based upon those distributors’ off-reservation re ceipt of motor fuel, the Tenth Circuit concluded that the tax was nevertheless still subject to the interest-balancing test this Court set forth in Bracker, 448 U. S. 136. As Bracker itself explained, however, we formulated the balancing test to address the “difficult questio[n]” that arises when “a State asserts authority over the conduct of non-Indians engaging in activity on the reservation.” Id., at 144–145 (emphasis added). The Bracker interest-balancing test has never been applied where, as here, the State asserts its taxing authority over non-Indians off the reservation. And although we have never addressed this precise issue, our Indian tax immunity cases counsel against such an application. A We have applied the balancing test articulated in Bracker only where “the legal incidence of the tax fell on a nontribal entity engaged in a transaction with tribes or tribal mem bers,” Arizona Dept. of Revenue v. Blaze Constr. Co., 526 U. S. 32, 37 (1999), on the reservation. See Bracker, supra (motor carrier license and use fuel taxes imposed on on reservation logging and hauling operations by non-Indian contractor); Department of Taxation and Finance of N. Y. v. Milhelm Attea & Bros., 512 U. S. 61 (1994) (various taxes imposed on non-Indian purchasers of goods retailed on reservation); Cotton Petroleum Corp. v. New Mexico, 490 U. S. 163 (1989) (state severance tax imposed on non-Indian lessee’s on-reservation production of oil and gas); Ramah Navajo School Bd., Inc. v. Bureau of Revenue of N. M., 458
