Posted on 09/14/2010 3:23:11 PM PDT by Drango
Edited on 09/14/2010 3:29:56 PM PDT by Admin Moderator. [history]
BUFFALO, N.Y.
(Excerpt) Read more at google.com ...
I think Indian brands are exempt.
ML/NJ
A Tea Party favorite (Paladino)in NY doesn’t see it your way and believes the Indians should be taxed for sales to non-Indians.
http://www.buffalonews.com/city/article179068.ece
Indian “sovereignty” has no place in 21st century America. Let them be Americans or let them pick which border they’d like to cross on the way out.
Hey Senacas, Cayugas, et al.: Move down to Texas. We want to play Cowboys and Indians again, but on the same side this time. We did it in WWII, and that worked out pretty well...
Excerpting 52 words of a 330-word article doesn’t count.
Serious question: How does the taxing authority know if the customer is a non-Indian? Do they have an observer with some kind of racial makeup chart?
Oh common, at the very least they are historical odities. At the best they are a place to escape to.
Thank goodness I just purchased the volcanoecig (althought I’m sure they’ll find a way to taxing that shit too).
I would love to stop smoking, without actually stopping, but these cigs give me the satisfaction of smoking, without smoking!
I always went to the Indians resv’s and received my cartons for $26 bucks.....heck of a difference from $98 per carton.
Growing tabacco = no taxes.
I was close... /not
time to shut down the thruway
“Indian ?sovereignty? has no place in 21st century America. Let them be Americans or let them pick which border they?d like to cross on the way out.”
Sorry, a Godly nation’s word is its bond, just as a Godly person’s is. The relevant treaties don’t have expiration dates.
Or do we just shred them along with the Constitution? Apparently.
yeah. that was yesterday and now it’s today /s
Serious answer: I’m not sure. But apparently there is a formula. Number of enrolled Indians are allowed “X” pacts per day. Anything above that is taxed at the wholesale level.
Again, I’m not sure of this.
Please try and shoot for 50% of the shorter articles. The auto-excerpt feature simply stops everything at 300 words.
The one question I’ve always asked when going to the Indian resv’s is why are they all black people?
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In this action for declaratory and injunctive relief, the issue is whether the State Department of Taxation and Finance may require plaintiff, an enrolled member of the Seneca Nation, to collect and remit sales, use and excise taxes on sales of cigarettes and motor fuel to non-Indian consumers at plaintiff's retail business on the Cattaraugus Reservation. Because the issue is directly governed by controlling precedent, we affirm the order of the Appellate Division dismissing plaintiff's complaint.
The United States Supreme Court has clearly established that State tax statutes requiring Indian retailers to collect and remit taxes on sales to non-Indian purchasers, and to keep the records necessary to ensure compliance, violate neither the Commerce Clause nor the constitutional proscription against direct taxation of Indians absent explicit Congressional consent (see, Oklahoma Tax Commn. v Citizen Band Potawatomi Indian Tribe of Oklahoma, 498 US 505; Washington v Confederated Tribes of the Colville Indian Reservation, 447 US 134; Moe v Confederated Salish & Kootenai Tribes, 425 US 463). To the extent plaintiff contends that the State tax statutes at issue violate either the Supremacy Clause or New York law, his arguments are unpreserved and cannot be considered on this appeal. Plaintiff's complaint asserted only violations of the Commerce Clause and "the Laws of the United States enacted pursuant thereto".
http://www.law.cornell.edu/nyctap/search/display.html?terms=tribes&url=/nyctap/I94_0195.htm
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