In an action by an Indian Tribe for a refund of Federal Unemployment Tax, Title 26 Section 3306(c)(7), judgment of the district court in favor of the government is reversed where: 1) services performed in the employ of an Indian tribe are excepted from FUTA's definition of employment by Section 3306(c)(7) only where a tribe or its instrumentality is a common-law employer of the worker performing the services; and 2) plaintiff was a common-law employer.