понедельник, 13 июня 2011 г.

Seneca Nation Wins Stay In Tobacco Tax Case

Tobacco Tax

The Seneca Nation of Indians won a stay in the Appellate Division of the State Supreme Court on a state law that attempts to tax tobacco wholesalers' transations with Indian retailers, the Seneca Nation said in a statement this afternoon.
The temporary restraining order is effective until June 20.

"If New York State courts eventually allow this New York State law to stand, it will have two primary results," said Seneca Nation President Robert Odawi Porter. "One, good-paying retail jobs, selling a legal product in Western New York, will be lost; and, two, there will be no change in the Seneca Nation's stand that it will never collect or impose sales taxes for New York State. "If the Nation's businesses need to shift their product mix to render such onerous tax laws moot, they will."

State Supreme Court Appellate Division Associate Justice Jerome C. Gorski granted the order at the Nation's request. It prevents New York State from enforcing the wholesaler taxing law with respect to the Seneca Nation's tobacco commerce while the Nation's appeal is heard and decided by the higher court.
On Wednesday, Justice Donna M. Siwek sided with the state and removed a temporary restraining order blocking state enforcement. Nation attorneys went to the appellate division late Wednesday and the higher court stay was put in place this morning.

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