Senecas Sue New York Over Cigarette Tax Collection Plan

Senecas challenge New York State's plan to collect taxes on Native American tobacco sales.

August 19, 2010

BUFFALO, NY - The Seneca Nation of Indians filed a federal lawsuit earlier this week challenging New York State's plan to begin collecting taxes on September 1 on Native American tobacco sales, Buffalo Business First reports.

The Senecas have also appealed to New York Governor David Paterson and Attorney General Andrew Cuomo to delay its planned September 1 start of tax collection until legal actions have reached their conclusion.

"We are asking the governor and attorney general to stand down and allow the court to handle this. We are trying to avoid needless tension and chaos that is likely to ensue if the state attempts to start collections on Sept. 1," said President Barry Snyder Sr. "The point of this letter is not to convince you of the merits of the Nation's arguments. Rather, it is to suggest an orderly process by which the State and the Nation might seek to have the federal district court, as well as the state courts, address our dispute with the State's efforts impose its taxes in our Territories."

The complaint filed in the United States District Court for the Western District of New York challenges the June 21 amendments to New York State's Tax Law and the emergency regulations promulgated by the Department of Taxation and Finance, arguing they violate "well-established federal law in several fundamental respects."

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