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#1233003 --- 11/11/10 09:06 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
s2hphoto.com Offline
Senior Member

Registered: 05/04/10
Posts: 3303
Loc: NYS
Ruling favors NY in Indian smokeshop tax fight


Why post this here too..... Also how does it Favor NYS when the decision is frozen and they CAN NOT collect taxes until the appeals are held and the decision can be over turned

Nice spin..... the decision means SQUAT because cigs are STILL tax free and will be for a loooong time!
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#1233190 --- 11/12/10 07:08 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone
BUFFALO, N.Y. -- A federal judge has sided with New York in the latest ruling
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#1233191 --- 11/12/10 07:11 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Editorial: Cayuga Nation can't have it both ways on tobacco taxes
Monday 2010


"We find it curious that the Cayuga Indian Nation of New York has joined in the legal fight against the implementation of a system that would allow the state to collect taxes on sales of cigarettes to non-Indian consumers while preserving tribal members’ rights to purchase them tax-free.

The Cayugas are saying that the whole concept of taxation is a violation of their sovereignty, and they add that being required to collect taxes on non-tribal sales would destroy their business. They no longer seem to care about the existence of a state taxation regulatory system that would preserve tax-free purchases for tribal members by using coupons or a pre-determined tax-free allotment to each tribe.

This system just came into place this summer when Gov. David Paterson finally realized that it was time to level the playing field for non-Indian retailers and begin collecting these taxes. The lack of a coupon system or something similar is what had led to a court injunction preventing collection before.

Prior to Paterson’s Sept. 1 plan being announced, the Cayugas had clung to the lack of a coupon system as the reason its officials couldn’t be prosecuted by Cayuga and Seneca counties for tax evasion.

“If the county makes up a system involving two piles of cigarettes, the only way to determine how many untaxed cigarettes the store can sell will have to involve coupons of some type,” national attorney Lee Alcott told an appellate court in April 2009. “So everything comes back to the state and (its) tax department’s policy of forbearance.”


so why are the cayugas fighting NYS if they blamed NYS for not collectioning the taxes?


it is not the tribe 'paying' the taxes but the cigarette buyers


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#1233192 --- 11/12/10 07:14 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: s2hphoto.com

Nice spin..... the decision means SQUAT because cigs are STILL tax free and will be for a loooong time!


must be why the tribes met for the first time in 200 years
not about land, not about culture, not about casinos but about NYS enforcing the laws on the books
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1233204 --- 11/12/10 07:40 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Reply before November 22, 2010


http://www.nocayugalandintotrust.net/

LATEST UPDATES

Final Environmental Impact Statement Now Complete

The Bureau of Indian Affairs has completed the Final Environmental Impact Statement (FEIS) for the fee-to-trust application for the Cayuga Indian Nation (CIN). The notice of availability of the FEIS was published in the Federal Register on October 22, 2010.



The next step in the process is the issuance of the Record of Decision (ROD) which is the document that will be used to issue the Department of the Interior’s determination on whether to grant or deny CIN's applications for land to be taken into trust. The ROD may be issued either by the Secretary of the Department of the Interior or its designee, the Bureau of Indian Affairs. The ROD cannot be issued until 30 days after the FEIS is issued, which is November 22, 2010 (November 21st is a weekend day so the first day it could be published is November 22).



As set forth in the referenced notice published in the Federal Register, comments on the FEIS may be submitted but need to be received by Monday, November 22. Comments should be directed to:



Franklin Keel
Regional Director, Eastern Regional Office
Bureau of Indian Affairs
545 Marriott Drive
Suite 700
Nashville, Tennessee 37214
Fax: 615-564-6701

Copies of the FEIS are available for viewing at the following locations during normal business hours:
Lakeside Trading
2552 Route 89
Seneca Falls, NY 13148

Lakeside Trading
299 Cayuga Street
Union Springs, NY 13160

Seneca Falls Library
47 Cayuga Street
Seneca Falls, NY 13148

Springport Free Library
171 Cayuga Street
P. O. Box 501
Union Springs, NY 13160



Cayuga and Seneca Counties provided a substantial number of comments to the DEIS as referenced in the FEIS.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1233206 --- 11/12/10 07:49 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Related Cigarette Tax Cases

The New York Association of Convenience Stores has filed amici briefs in the Seneca Nation and Oneida Nation lawsuits against New York's latest attempt to collect taxes on the sale of tobacco products to non-Indians. A brief was also filed on behalf of the Association in the Seneca Nation's lawsuit challenging the constitutionality of the PACT Act, which prevents the mail order of cigarettes.

Seneca Nation v. Paterson. Memorandum of Law of Amici Curiae: New York Association of Convenience Stores, Wilson Farms, Inc., and NOCO Energy Corp. in support of defendants' opposition to plaintiff's motion for temporary restraining order or preliminary injunction.

Seneca Nation and Cayuga Nation v. Paterson. Post-Hearing Supplemental Memorandum of Law of Amici Curiae: New York Association of Convenience Stores, Wilson Farms, Inc., and NOCO Energy Corp. in support of defendants' opposition to plaintiff's motion for preliminary injunction.

Oneida Nation v. Paterson. Memordandum of Law of Amicus Curiae: New York Association of Convenience Stores in support of defendants' opposition to plaintiff's motion for preliminary injunction.

Red Earth LLC v. United States of America, et. al. Brief of Amici Curiae: National Association of Convenience Stores and New York Association of Convenience Stores in opposition to motions for preliminary injunctive relief.
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1233208 --- 11/12/10 07:51 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA

The City of New York is pursuing similar cigarette tax litigation against eastern Long Island Indians selling untaxed cigarettes to non-Native Americans (City of New York v. Golden Feather Smoke Shop). The federal district court held that the sales of massive quantities of nontaxed cigarettes to bootleggers who then resell them to non-Native Americans throughout the metropolitan area, violates the New York Tax Law. The Court enjoined further sales of untaxed cigarettes. The Long Island Indians appealed to the federal appeals court in New York City and asked to stay the injunction pending the appeal. On October 15, 2009, the federal appeals court denied the stay. This means the injunction prohibiting the untaxed sales to non-Native Americans remains in place while the appeals proceed. The federal court now has the opportunity to certify questions to the New York State Court of Appeals on the application of the Tax Law 471 and 471-e. If the federal appellate court does so, this raises the possibility that the New York Court of Appeals could simultaneously have before it two different cases whose central issues involve the applicability of Tax Law 471 (and Tax Law 471-e) to the sale of cigarettes by Native Americans to non-Native Americans.
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#1233211 --- 11/12/10 08:03 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
s2hphoto.com Offline
Senior Member

Registered: 05/04/10
Posts: 3303
Loc: NYS
Originally Posted By: bluezone
Reply before November 22, 2010


http://www.nocayugalandintotrust.net/

LATEST UPDATES

Final Environmental Impact Statement Now Complete

The Bureau of Indian Affairs has completed the Final Environmental Impact Statement (FEIS) for the fee-to-trust application for the Cayuga Indian Nation (CIN). The notice of availability of the FEIS was published in the Federal Register on October 22, 2010.



The next step in the process is the issuance of the Record of Decision (ROD) which is the document that will be used to issue the Department of the Interior’s determination on whether to grant or deny CIN's applications for land to be taken into trust. The ROD may be issued either by the Secretary of the Department of the Interior or its designee, the Bureau of Indian Affairs. The ROD cannot be issued until 30 days after the FEIS is issued, which is November 22, 2010 (November 21st is a weekend day so the first day it could be published is November 22).



As set forth in the referenced notice published in the Federal Register, comments on the FEIS may be submitted but need to be received by Monday, November 22. Comments should be directed to:



Franklin Keel
Regional Director, Eastern Regional Office
Bureau of Indian Affairs
545 Marriott Drive
Suite 700
Nashville, Tennessee 37214
Fax: 615-564-6701

Copies of the FEIS are available for viewing at the following locations during normal business hours:
Lakeside Trading
2552 Route 89
Seneca Falls, NY 13148

Lakeside Trading
299 Cayuga Street
Union Springs, NY 13160

Seneca Falls Library
47 Cayuga Street
Seneca Falls, NY 13148

Springport Free Library
171 Cayuga Street
P. O. Box 501
Union Springs, NY 13160



Cayuga and Seneca Counties provided a substantial number of comments to the DEIS as referenced in the FEIS.


You already got one thread locked now you have to start another thread posting this info AND putting it here too!!??!! \:\/

Copies of the FEIS are available for viewing at the following locations during normal business hours:
Lakeside Trading
2552 Route 89
Seneca Falls, NY 13148


While you're at Lakeside for your copy of the FEIS, can you be a peach and get me a carton of smokes and some gas for my lawnmower??
_________________________
Spiritual people inspire me.
Religious people FRIGHTEN me!

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#1233212 --- 11/12/10 08:07 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: s2hphoto.com
You already got one thread locked now you have to start another thread posting this info AND putting it here too!!??!! \:\/


It was your pal that got it locked when proven wrong
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1233213 --- 11/12/10 08:09 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: s2hphoto.com
Copies of the FEIS are available for viewing at the following locations during normal business hours:
Lakeside Trading
2552 Route 89
Seneca Falls, NY 13148



Seneca Falls, NY............ ;\)

no res
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1233214 --- 11/12/10 08:11 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: s2hphoto.com

Lakeside Trading
299 Cayuga Street
Union Springs, NY 13160



Union Springs, NY......... ;\)


no res
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1233218 --- 11/12/10 08:23 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
s2hphoto.com Offline
Senior Member

Registered: 05/04/10
Posts: 3303
Loc: NYS
Originally Posted By: bluezone
Originally Posted By: s2hphoto.com
You already got one thread locked now you have to start another thread posting this info AND putting it here too!!??!! \:\/


It was your pal that got it locked when proven wrong


My pal??? It was Dr. D that got it locked. Look at his post on the Mods hate thread.
_________________________
Spiritual people inspire me.
Religious people FRIGHTEN me!

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#1233219 --- 11/12/10 08:24 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
s2hphoto.com Offline
Senior Member

Registered: 05/04/10
Posts: 3303
Loc: NYS
Originally Posted By: bluezone
Originally Posted By: s2hphoto.com
Copies of the FEIS are available for viewing at the following locations during normal business hours:
Lakeside Trading
2552 Route 89
Seneca Falls, NY 13148



Seneca Falls, NY............ ;\)

no res




Who needs a Res??? they have plenty of tax free smokes and gas for all!!
_________________________
Spiritual people inspire me.
Religious people FRIGHTEN me!

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#1233220 --- 11/12/10 08:28 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: s2hphoto.com
Originally Posted By: bluezone
Originally Posted By: s2hphoto.com
You already got one thread locked now you have to start another thread posting this info AND putting it here too!!??!! \:\/


It was your pal that got it locked when proven wrong


My pal??? It was Dr. D that got it locked.


then why blame me?
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1233871 --- 11/15/10 08:06 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone
Reply before November 22, 2010


http://www.nocayugalandintotrust.net/

LATEST UPDATES

Final Environmental Impact Statement Now Complete

The Bureau of Indian Affairs has completed the Final Environmental Impact Statement (FEIS) for the fee-to-trust application for the Cayuga Indian Nation (CIN). The notice of availability of the FEIS was published in the Federal Register on October 22, 2010.



The next step in the process is the issuance of the Record of Decision (ROD) which is the document that will be used to issue the Department of the Interior’s determination on whether to grant or deny CIN's applications for land to be taken into trust. The ROD may be issued either by the Secretary of the Department of the Interior or its designee, the Bureau of Indian Affairs. The ROD cannot be issued until 30 days after the FEIS is issued, which is November 22, 2010 (November 21st is a weekend day so the first day it could be published is November 22).



As set forth in the referenced notice published in the Federal Register, comments on the FEIS may be submitted but need to be received by Monday, November 22. Comments should be directed to:



Franklin Keel
Regional Director, Eastern Regional Office
Bureau of Indian Affairs
545 Marriott Drive
Suite 700
Nashville, Tennessee 37214
Fax: 615-564-6701

Copies of the FEIS are available for viewing at the following locations during normal business hours:
Lakeside Trading
2552 Route 89
Seneca Falls, NY 13148

Lakeside Trading
299 Cayuga Street
Union Springs, NY 13160

Seneca Falls Library
47 Cayuga Street
Seneca Falls, NY 13148

Springport Free Library
171 Cayuga Street
P. O. Box 501
Union Springs, NY 13160



Cayuga and Seneca Counties provided a substantial number of comments to the DEIS as referenced in the FEIS.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

Top
#1233875 --- 11/15/10 08:33 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
U.S. Supreme Court to hear Oneida nation land case
Published: Tuesday, October 12, 2010, 11:34 AM Updated: Tuesday, October 12, 2010, 11:51 AM
Glenn Coin / The Post-Standard

The U.S. Supreme Court announced today it will once again hear an Oneida Indian land case.
Madison and Oneida counties, which had been thwarted in their attempts to collect taxes from the Oneida nation, tried to foreclosure on hundreds of acres of tribal land. A federal appeals court said in April that while the counties had the right to collect the taxes, tribal sovereignty prevented the counties from enforcing the law.
The counties appealed, and the court decided to hear the case.
No hearing date has been scheduled.


The high court has ruled on Oneida Indian land cases three times, most recently in 2005 when it ruled that nation land was not sovereign and thus subject to taxes.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1234015 --- 11/16/10 04:11 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
s2hphoto.com Offline
Senior Member

Registered: 05/04/10
Posts: 3303
Loc: NYS
How exactly is this news....The last sentence says it all...

"The high court has ruled on Oneida Indian land cases three times, most recently in 2005 when it ruled that nation land was not sovereign and thus subject to taxes." They can *rule* all they want but it's been 5 years and NOTHING has been done

They have already *ruled* 3 times...WHY is a 4th ruling needed. Also "The counties appealed, and the court decided to hear the case. No hearing date has been scheduled." So is the hearing gonna be the same day as your "Trucker's Rally" or "Paterson Day"???? BWAHAHAHAHAHAHHAHAHAHA LOL \:D
_________________________
Spiritual people inspire me.
Religious people FRIGHTEN me!

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#1234039 --- 11/16/10 06:28 AM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
No. 10-72
Title: Madison County, New York, et al., Petitioners
v.
Oneida Indian Nation of New York

Docketed: July 13, 2010
Lower Ct: United States Court of Appeals for the Second Circuit
Case Nos.: (05-6408, 06-5168, 06-5515)
Decision Date: April 27, 2010
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jul 9 2010 Petition for a writ of certiorari filed. (Response due August 12, 2010)
Jul 27 2010 Order extending time to file response to petition to and including September 13, 2010.
Aug 12 2010 Brief amici curiae of Town of Verona and Town of Vernon, New York filed.
Aug 12 2010 Brief amici curiae of New York, et al. filed.
Aug 12 2010 Brief amici curiae of Cayuga County and Seneca County filed.
Aug 12 2010 Brief amicus curiae of Town of Lenox, New York filed.
Aug 12 2010 Motion for leave to file amici brief filed by Citizens Equal Rights Foundation, et al.
Sep 10 2010 Brief of respondent Oneida Indian Nation of New York in opposition filed.
Sep 21 2010 Reply of petitioners Madison County, New York, et al. filed. (Distributed)
Sep 22 2010 DISTRIBUTED for Conference of October 8, 2010.
Oct 12 2010 Motion for leave to file amici brief filed by Citizens Equal Rights Foundation, et al. GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.
Oct 12 2010 Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition.
Nov 3 2010 The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 3, 2010.
Nov 3 2010 The time within which to file respondent's brief on the merits is extended to and including January 10, 2011.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1234096 --- 11/16/10 01:10 PM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
save up your $$$$ ray
scotus ruled on sherrill...... ;\)
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1234107 --- 11/16/10 02:44 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
s2hphoto.com Offline
Senior Member

Registered: 05/04/10
Posts: 3303
Loc: NYS
If the beloved Sherrill ruling that you gloat about is so good they WHY are they having to rule on it a 4th time and like I have said 100 times before.... I see how well the ruling worked.... it's now 5 years later and NOTHING has been enforced So it could be years before they get a court date and another five years for them to enforce it. So basically no matter what they rule it will be worthless
_________________________
Spiritual people inspire me.
Religious people FRIGHTEN me!

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