Two New York tribes were in federal court on Tuesday to challenge the state's attempt to impose taxes on tobacco products sold to non-Indians.

The Shinnecock Nation and the Unkechaug Nation are recognized by the state. Attorney Conly J. Schulte, of the firm Monteau & Peebles, said their status means they are immune from state taxation.

The state counters that neither tribe is recognized by the Bureau of Indian Affairs. "They are just like everybody else," a state attorney told Newsday after the hearing. "They can't hide behind so-called Indian immunity to sell cartons at $20 when everybody else sells at $50 to $60 a carton."

The state has passed laws that treat the tribes as distinct entities, including recognition of their land as reservations.

Get the Story:
Indian nations claim sovereignty in cigarette suit (Newsday 10/11)

Relevant Links:
Association of Responsible Cigarette Sellers - http://www.responsiblesellers.org
Seneca Nation - http://www.sni.org
Honor Indian Treaties - http://www.honorindiantreaties.org

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