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#1083015 --- 09/30/09 06:38 AM Re: $1 BILLION Owed NY by Tribes [Re: Scottie2Hottie]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: Scottie2Hottie

WOOO HOOOOOOOO!!! CONGRATS on ANOTHER win!!! How much more time, money, and resources is gonna be spent by NYS only to LOSE!!!


Court sides with Sherrill
Supreme Court justices rule 8-1
Oneida Nation must pay tax to city

Wed, Mar 30, 2005
R. PATRICK CORBETT Observer-Dispatch

The Oneida Indian Nation must pay taxes on its property in the city of Sherrill and potentially on all land it has bought outside of its 32-acre reservation in Madison County, the U.S. Supreme Court ruled Tuesday . In an 8-1 decision, the court ruled that the New York Oneidas cannot disrupt two centuries of local development by refusing to pay local taxes on a gas station and T-shirt factory it owns in Sherrill in Oneida County. New York City lawyer Ira Sacks, who pleaded Sherrill's case pro bono, said, "We were very pleased. The Supreme Court agreed with the principal argument that after 200 years ... the Oneida Indian Nation can't pick and choose places to buy and take it out of local jurisdiction." The justices also remarked on the "distinctly non-Indian character of the area and its inhabitants," because most Oneida Indians moved out of the area about 150 years ago.




Are you saying that if the judge ruled against the tribe that the tribe would comply by paying their taxes and closing their operations?
The SCOTUS has already ruled against the tribe but they refuse to comply


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#1083088 --- 09/30/09 09:58 AM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
Scottie2Hottie Offline
Gold Member

Registered: 01/27/03
Posts: 16463
Loc: aka Brightside
Did you notice that your article is from 2005 and My article is from YESTERDAY 9/29/09



Judge rules for Oneida Indian Nation in trust case
By Glenn Coin / The Post-Standard
September 29, 2009, 2:09PM

A federal judge has ruled in favor of the Oneida Indian Nation in three related lawsuits over the nation’s request for trust land.

Judge Lawrence Kahn tossed out several key arguments made by the state, Madison and Oneida counties, the towns of Vernon and Verona, and the city of Oneida in challenging the trust land. In the decisions, Kahn ruled that:

-- The federal government has the authority to take land into trust in New York.

-- The ancient Oneida reservation still exists, and therefore Turning Stone casino is operating legally under federal law

-- The transfer of 18 acres of land in Verona from the Air Force to the Department of Interior as trust land for the Oneidas was legal.



Bluezones atricle from 2005 said:

"the court ruled that the New York Oneidas cannot disrupt two centuries of local development by refusing to pay local taxes on a gas station and T-shirt factory it owns in Sherrill in Oneida County."

I have never heard of the town of Sherrill and have never been there and could car less about the non-tax free t-shirts and gas!! I will just go to Turning Stone which has all the tax free cigarettes, tax free gas, and tax free t-shirts I could ever ask for LOLOLOLOL
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#1083613 --- 10/01/09 07:24 AM Re: $1 BILLION Owed NY by Tribes [Re: Scottie2Hottie]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
SCOTUS ruling - if you even know what that means
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#1084392 --- 10/03/09 01:59 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Seneca, Cayuga Counties Can Appeal Cig Tax Ruling to Court of Appeals
Source: Finger Lakes News Radio


Cayuga and Seneca Counties can continue their appeal to block tax free sales of cigarettes by the Cayuga Indian Nation. The state Appellate Court gave the okay to the counties to take their case to the Court of Appeals, the highest court in the state. A request by the counties to block the sales at the Cayugas' Lake Side Trading Stores while the case is pending was denied.
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#1084408 --- 10/03/09 04:52 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
Scottie2Hottie Offline
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Registered: 01/27/03
Posts: 16463
Loc: aka Brightside
bluzone said:
A request by the counties to block the sales at the Cayugas' Lake Side Trading Stores while the case is pending was denied.


TThat's great news! That means the Cayugas can sell their smokes for years to come until a decision is made LOLOL
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#1084796 --- 10/04/09 08:49 AM Re: $2 BILLION Owed NY by Tribes [Re: Scottie2Hottie]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Senate smoke tax hearing Oct. 27
Hearing will be shown live online

by DAVID L. SHAW/dshaw@fltimes.com
Sunday, October 4, 2009 12:11 AM CDT


WATERLOO — A delegation from Seneca County will testify at an Oct. 27 hearing on the state’s refusal to collect sales tax from cigarettes sold by Indian-run stores to non-Indians.

The four-hour hearing will be conducted by the state Senate’s Standing Committee on Invest­igations & Government Operations. It’s scheduled for 10:30 a.m. Oct. 27 at Manhattan Community College, 199 Chambers St., New York City.

The hearing will be run by state Sen. Craig M. Johnson, D-7, of Nassau. Johnson’s office said the Seneca County officials were invited to testify.

Those not invited can fill out a form and ask to testify if there is time. Written testimony will also be accepted.

“We definitely plan to go. It’s an important issue,” said David Dresser, D-Ovid, chairman of the Seneca County Board of Supervisors Indian Affairs Committee. “We’ll start to plan our testimony so we can make all of our points in the time allowed.”

He said he will also encourage Cayuga County officials to get involved.

Representatives of the Cayuga and Oneida Indian nations are also expected to testify.

Seneca and Cayuga counties are involved in litigation over the cigarette tax issue.

The two counties coordinated a raid and seizure of untaxed cigarettes Nov. 25 at the Cayuga Indian Nation’s convenience stores in Seneca Falls and Union Springs.

A State Supreme Court Judge upheld the raid and seizure. But the Cayugas appealed to the Fourth Department Appellate Division Court, which overturned the lower court’s ruling.

The two counties are now seeking the appellate court’s permission to appeal the matter to the state Court of Appeals. A decision on that request may be issued today.

“The failure to secure this badly needed revenue continues as other states, most recently Florida, have been able to reach tax collection agreements with their local Native American nations,” Johnson said in a statement issued Thursday. “This committee wants to be helpful in crafting a solution to this problem, but first we and the public need to be apprised of where the state and nations stand.”

The issue is of importance in New York City, which has gone to court to challenge the sale of untaxed cigarettes from the Poospatuck Tribe reservation on Long Island.

According to the state Office of the Budget, the failure to collect the sales tax on cigarettes sold by tribes this year is costing the state $65 million in revenue.

The courts affirmed the state’s right to collect taxes on cigarettes sold by Native Americans to non-Native Americans at licensed smoke shops and over the Internet.

But the state Department of Taxation and Finance has not taken steps to collect the tax, including the issuance of coupons to Indians.

Last year, the governor signed a law requiring the taxes to be collected, but that still has not been done.

Johnson said there is also concern that the current situation has made it easier for criminal activities, such as bootlegging and the sale of counterfeit cigarettes, to flourish.

Recently, the U.S. Attorney for the Eastern District of New York pursued suspected cigarette smugglers associated with the Poospatuck Tribe. This network’s alleged ringleader, Rodney Morrison, is facing criminal charges in federal court.

The hearing will be streamed live on the Senate Web site at http://www.nysenate.gov.
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#1087384 --- 10/11/09 07:29 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Send Paterson to the hearing.
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#1089268 --- 10/15/09 10:56 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Paterson to make some cuts.
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#1093306 --- 10/24/09 03:43 PM Re: $2 BILLION Owed NY by Tribes [Re: madnesscentral]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Paterson just rename the cig taxes to "smoking surcharge"
Show me a treaty that says the tribe does not have to pay a "surcharge" ;\)


same with the gas tax to "gas surcharge"
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#1095080 --- 10/28/09 08:53 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
NEW YORK (AP) - State Police have speculated that any government effort to block the flow of tax-free cigarettes onto New York's Indian reservations will lead to violence and could possibly escalate into a "military problem," an adviser to Gov. David Paterson said Tuesday.

The governor's chief legal counsel, Peter Kiernan, told a state senate committee that a police "threat assessment" predicted that tribes based in western New York would fiercely resist any attempt to interfere with their multimillion dollar cigarette business.

The cost of enforcing order, he said, could run as much as $2 million per day - a figure based on the state's experiences when it tried to impose cigarette taxes on the reservations in 1992 and 1997.

Both of those efforts ended after members of the Seneca tribe blockaded state highways, set fires and in some cases brawled with troopers.

Questioned by skeptical lawmakers, Kiernan declined to reveal how the State Police came to the conclusion that there might be bloodshed, other than to say it was based on law enforcement "intelligence."

Scores of Indians from across the state who traveled to the city to attend Tuesday's hearing by the senate's committee on investigations and government operations listened largely impassively as Kiernan discussed the potential for violence, although a few seemed offended at the suggestion that they would be the instigators of any conflict.

Still, J.C. Seneca, tribal councilor to the Seneca Nation, made it clear that the tribe takes its sovereignty seriously.

"Your government has no authority to collect taxes in our territory," he said, citing 19th Century peace treaties that, among other things, gave the Seneca control over land and freed them from any state taxes.

"We will fight to uphold these rights, now and forever," he said.

A small group of Seneca expressed their defiance Tuesday by lighting a fire near the state Thruway on the Cattaraugus reservation - an action that mirrored protest fires set in 1997. State Police Capt. Michael Nigrelli said traffic wasn't disrupted, and Seneca leaders assured state police the demonstration would remain peaceful.

New York already has a law on the books assessing taxes on cigarette sales to all consumers who are not members of a tribe, but a series of governors has declined to enforce it, in part because of the fear of unrest.

As a result, reservation shops have become some of the biggest cigarette suppliers in the state, selling hundreds of millions of packs a year.

Some of that product is bought by smugglers, who transport cartons of cigarettes off the reservations and resell them elsewhere. A sizable percentage also is sold over the Internet to buyers around the country.

Paterson has pursued a dual track with the tribes, attempting to negotiate while also litigating the tax issue in state courts. Tribes in other states have signed revenue-sharing compacts with the states regarding taxation on cigarettes, but most of the largest New York tribes have rejected any such compromise.

State Sen. Martin Golden, a Brooklyn Republican and a member of the committee on investigations and government operations, said during Tuesday's hearing that the time for negotiating is over. He said he favors a "drop dead" date, to start charging the tax whether the tribes agreed to it or not.

Wagging his finger at Indians in the audience, he said the U.S. victory over the British during the Revolutionary War gave the government the right to tax its citizens, and he suggested that the tribes benefited from state health, education and public works programs and should therefore be required to pay the same taxes.


"Is it too much to ask?" he said.

His comments were met with boos, and he was jeered again as he left the room.

Among members of the tribe, the issue is a simple continuation of a pattern that dates back centuries.

Arthur "Sugar" Montour, owner of the Seneca brand cigarette company, stood up before the start of the hearing, called himself a warrior and thundered that it was the state - not the tribes - that were the aggressors.

"Today is about taking away the birthright of our people," he said.

"It's just taking our land all over again," Sally Snow, chairwoman of the Seneca Free Trade Association, said during a break in the hearing. "How much do they want from us?"

Kiernan said the governor is ready to enforce state tax law, but hopes to avoid conflict through negotiation.
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#1095442 --- 10/28/09 06:50 PM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
queenbee Offline
Senior Member

Registered: 01/22/08
Posts: 1758
Loc: soul quest
The Governor is afraid of them, WTH. We fight wars everday some that we have no business in and the dang Governor is hiding like a whooped puppy from tribes. This just has to be the dumbest thing I ever read. Something that will benefit NYS and we have a governor without the kojone's to do it. He should be hiding in the closet along with anyone else who feels this way. Just unfriggenbelievable!! He should give up his position he doesn't have the stomach to for it. RESIGN U CRYBABY!!
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#1097086 --- 10/31/09 09:33 AM Re: $2 BILLION Owed NY by Tribes [Re: queenbee]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Let the lieutenant governor handle if paterson is not able to.
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1097091 --- 10/31/09 09:36 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone

The cost of enforcing order, he said, could run as much as $2 million per day - a figure based on the state's experiences when it tried to impose cigarette taxes on the reservations in 1992 and 1997.



So if they spend $2 million per day and it only takes a week or so then NYS would still be collecting more than they are losing considering all the money lost in the past years and any future taxes.

Enforce the laws as NY'ers are getting tired of paterson crying we have a deficit.
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1100091 --- 11/06/09 08:59 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Paterson is now on his own commercials.
Too much free time for a governor?
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1101782 --- 11/10/09 06:46 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Paterson to save NY \:D \:D \:D
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1101785 --- 11/10/09 06:49 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
OHAWK NATION OF AKWESASNE -- The NYPD has gone on the reservation -- sending its drug czar upstate to try to help cut off a massive pipeline of pot and ecstasy to the city run by Mohawk Indian smugglers on the Canadian border.

"I was astounded at how lenient the border is," said Chief Joseph Resnick, head of the NYPD's narcotics division.

He spoke after a trip six weeks ago to the Akwesasne reservation, which straddles the US-Canadian border and which he said supplies most of the high-potency marijuana and ecstasy sold on city streets.

The feds say that in the last 10 years, more than $1 billion worth of marijuana has come through the reservation, which stretches five miles along the banks of the St. Lawrence River.

Smugglers traverse the fast-moving water in Jet Skis and high-powered speedboats. When the river freezes, they switch to snowmobiles.

The contraband is then packed into vans or trucks and driven down the New York State Thruway, authorities said.

The crossing, featured in last year's Oscar-nominated movie "Frozen River," is also a major route for illegal immigrants as well as huge quantities of untaxed liquor and cigarettes, investigators said.

New York Post ^ | Nov 8, 2009 | Brad Hamilton
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#1102935 --- 11/12/09 07:12 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Turning Stone sued for alcohol sales.
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1104885 --- 11/16/09 07:56 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone
Originally Posted By: bluezone
Court sides with Sherrill
Supreme Court justices rule 8-1
Oneida Nation must pay tax to city
Wed, Mar 30, 2005
R. PATRICK CORBETT Observer-Dispatch

The Oneida Indian Nation must pay taxes on its property in the city of Sherrill and potentially on all land it has bought outside of its 32-acre reservation in Madison County, the U.S. Supreme Court ruled Tuesday. In an 8-1 decision, the court ruled that the New York Oneidas cannot disrupt two centuries of local development by refusing to pay local taxes on a gas station and T-shirt factory it owns in Sherrill in Oneida County. New York City lawyer Ira Sacks, who pleaded Sherrill's case pro bono, said, "We were very pleased. The Supreme Court agreed with the principal argument that after 200 years ... the Oneida Indian Nation can't pick and choose places to buy and take it out of local jurisdiction." The justices also remarked on the "distinctly non-Indian character of the area and its inhabitants," because most Oneida Indians moved out of the area about 150 years ago.



Have we forgot?

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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1107690 --- 11/21/09 10:15 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone
Originally Posted By: Scottie2Hottie



If the state budget gets worse your job may be in jeopardy.



Paterson warns of possible job cuts, layoffs
Joseph Spector • and Cara Matthews • November 21, 2009

ALBANY — With New York facing a cash crunch, Gov. David Paterson warned Friday that he may have to take steps other states have taken — such as layoffs, furloughs or shutting down prekindergarten programs — if lawmakers don't make budget cuts this month.


The state could run out of money in late December if cuts aren't made, he and other officials said. That means the state would have to borrow and possibly delay payments to local governments.

Paterson said if all the state's money was pooled together next month and all bills paid, the state would have about $30 million in the bank — a paltry amount considering the total budget is $132 billion.

Comptroller Thomas DiNapoli warned Friday that the state faces a $1.4 billion cash deficit next month.


Meanwhile, a report from Moody's Investors Service said the state could lose its stable credit rating "if there is no action taken by the state to close the gap, or if action is taken but is largely one-time in nature."

Paterson is at odds with lawmakers over cutting aid to schools and health care to help close a $3.2 billion mid-year budget shortfall. After four days of failed negotiations, lawmakers went home Thursday and plan to return Monday.

But Paterson continued his tough talk Friday. He said spending reductions now would help lower next year's deficit, which he estimated could reach $9 billion.

Paterson said he spoke to legislative leaders Friday to advise them of the dire predictions. But lawmakers have so far offered no cuts to schools and only about $100 million in cuts to health care. Paterson has proposed cutting about $1.3 billion.

"I think this is a lot more serious than the interest of some of the legislators who would rather go home and be heroes saying, 'Look, I didn't cut school aid' or 'Look, I didn't cut health care,'" Paterson said.

Senate Minority Leader Dean Skelos, R-Nassau County, criticized the governor for not submitting a bill lawmakers can act on.


"The governor should stop pounding the table, do his job and stop worrying about his poll numbers so that we can get a final agreement," Skelos said in a statement.

Paterson said lawmakers can vote on his plan anytime they want.


Senate Democrats and Republicans said this week they agreed on how to close about $2.6 billion of the shortfall. They think New York should avoid school cuts by using $391 million in federal stimulus money for education that was supposed to be used in the next fiscal year, which begins April 1.

Paterson has said he would not accept a budget that doesn't reduce education spending.
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#1109074 --- 11/23/09 03:05 PM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Paterson - did you print them coupons yet?
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