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New York judge blocks state from imposing tobacco tax on tribes
Thursday, September 2, 2010
Filed Under: Business | Law

An appellate court judge in New York blocked the state from imposing a tobacco tax on reservations but Gov. David Paterson (D) said he would appeal.

The state is forcing wholesalers who sell tobacco to tribal retailers to pay the tax up front. That essentially forces tribes to collect the tax on the sale of tobacco to non-Indians.

On Tuesday, a federal judge put the law on hold for the Seneca Nation and the Cayuga Nation. The appellate court judge said the rest of the tribes can continue to sell tax-free tobacco until a September 9 hearing.

At $4.35 a pack, New York's tobacco tax is the highest in the nation.

Get the Story:
Court Blocks New York Tax on Tribal Cigarette Sales (The New York Times 9/2)
State relents after ruling on cigarette tax (The Buffalo News 9/2)
NY back to square one after appeals court justice temporary bars taxing Indian cigarette sales (The Syracuse Post-Standard 9/2)
Judge bars N.Y. from collecting taxes on Native American retailers' cigarettes (AP 9/1)

Relevant Documents:
ATF Letter on Tribal Consultation (May 19, 2010)

Prevent All Cigarette Trafficking Act:
H.R.1676 | S.1147

Related Stories:
Seneca and Cayuga tribes get temporary freeze on tobacco tax (9/1)
Opinion: New York tobacco tax placed on nonIndians, not tribes (9/1)
Deadline looms for tribes in New York over state tobacco taxes (8/31)
Editorial: New York City mayor must apologize for cowboy remark (8/27)
Judge expected to issue ruling in Seneca Nation tobacco tax case (8/27)
New York governor cites potential for 'violence' over state taxes (8/27)
Onondaga Nation drops name brand tobacco amid state tax push (8/27)
New York governor condemns 'inappropriate' remark about tribes (8/26)
St. Regis Mohawk Tribe files lawsuit against state taxation efforts (8/26)
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Column: Mayor alienates Indians who helped build New York City (8/25)
Editorial: New York City mayor must apologize for cowboy remark (8/25)
New York tribes continue meetings over state tobacco tax efforts (8/25)
New York tribes united in opposition to state's tobacco efforts (08/19)
Seneca Nation sues to halt state taxation of reservation tobacco (08/18)
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Editorial: New York must take action against tribes over tobacco (8/16)
Judge won't continue injunction against tobacco trafficking law (8/13)
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State to return tobacco products and truck to Seneca retailer (8/12)
Tribal retailers see business boost after New York tobacco hike (8/11)
Seneca Nation business owner blasts state seizure of tobacco (8/10)
Reward doubled over derailment attempt on Seneca Nation land (07/23)
County lawmaker eyes support on tax free Seneca Nation tobacco (7/21)
Judge extends PACT Act restraining order for Seneca businesses (7/8)
Seneca Nation smoke shops shut down mail-order operations (6/30)
Seneca Nation smoke shop gets restraining order for PACT Act (6/29)
Seneca Nation defends tobacco sales on treaty anniversary (05/24)
ATF schedules tribal consultation on tobacco trafficking law (5/20)
Obama signs cigarette trafficking bill over tribal objections (4/1)
Seneca Nation asks Obama to veto cigarette mailing bill (03/19)
Cigarette trafficking bill sent to White House for review (3/18)
Editorial: PACT Act puts a halt to Internet tobacco sales (3/17)
White House weighs stance on cigarette trafficking bill (3/16)
Seneca Nation blasts passage of cigarette trafficking bill (3/15)
Lance Morgan: PACT Act a hidden power grab for states (3/12)
Seneca Nation lobbies against cigarette trafficking bill (3/8)
New York governor proposes tobacco tax regulations (02/24)
Seneca Nation targets Sen. Gillibrand for tobacco bill (01/25)
Seneca Nation prepares for battle over cigarette taxes (1/20)
New York governor puts Indian tobacco tax in new budget (1/19)
Seneca Nation aims to defeat cigarette trafficking bill (01/12)

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