Law

Seneca Nation vows to keep fighting state tobacco tax ruling

Wednesday, June 22, 2011

The Seneca Nation of New York will keep fighting the state's tobacco tax efforts, President Robert Odawi Porter said on Tuesday.

The New York Appellate Division, Fourth Department, lifted an injunction that blocked the state from imposing its tax in Indian Country. The court also upheld a ruling that said the tax is valid and doesn't violate any laws.

"We will continue to block the state's long-standing crusade to confiscate our national wealth, sacrifice native and non-native jobs and interfere with our way of life," Porter said in a press release.

The tribe will take the case to the New York Court of Appeals. "New York will never collect a cent of revenue from tobacco sales occurring in our territories, and revenue projections so indicating are foolish," Porter said.

The state's new regulations force wholesalers that do business with tribal retailers to pay the tobacco tax up front. This forces tribes to collect the tax.

The regulations allow tax-exempt sales to tribal members but the state determines the rate without consulting the tribes.

Get the Story:
Setback spurs Senecas to top N.Y. appeal (The Buffalo News 6/22)
Senecas Prepare For New Era (The Jamestown Post-Journal 6/22)
TRO Lifted in Latest New York Cigarette Tax Decision (Indian Country Today 6/21)
Appeals court gives go-ahead to cigarette tax (Reuters 6/21)
State appeals court lifts order blocking collection of New York tax on cigarettes sold to non-Indians (AP 6/21)

Related Stories:
New York State Court Decision:
Seneca Nation v. New York (June 8, 2011)

2nd Circuit Decision:
Oneida Nation v. Cuomo (May 9, 2011)