(KTEN) — A couple who are members of the Choctaw Nation have filed a lawsuit against the Oklahoma Tax Commission.

Harold and Nellie Meashintubby from McAlester filed the complaint, contending that the state can't collect income tax from tribal members who live and work within the tribal reservation.

"The law that states the state cannot tax tribal members within a reservation has been in place for decades; it's not a new law," said attorney Joseph Williams, who represents the Meashintubbys. "As the complaint spells out, there is a history of legal precedents for people like my clients to able to do this if they qualify."

The Oklahoma Tax Commission said it would not comment on the Meashintubbys' case due to pending litigation.

"My hope is the the tax commission will abide by federal law and recognize these exemptions are valid, and these would apply to all the individuals who qualify and make that complaint," Williams said.

He said he will file a motion asking a judge to issue an injunction because his clients continue to be penalized by the OTC.