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#908906 --- 10/31/08 09:45 AM Re: $1 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


But the exemption, city lawyers argue, does not apply to sales to the public, only to reservation residents. Moreover, they say that many of the proprietors are not members of the tribe





Sounds like a treaty is being broken but by the tribes.




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#917190 --- 11/13/08 09:35 AM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Loc: USA
Paterson do you have a clue?
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#921781 --- 11/20/08 05:28 AM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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;\)
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#923186 --- 11/22/08 04:13 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Loc: USA
Hillary will collect the taxes.
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#923219 --- 11/22/08 05:08 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
HarleyBobT Offline
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Loc: Walloon Freedom Fighter
You are with out a doubt a bigot and a cry baby... give it a rest.
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#927626 --- 11/29/08 11:03 PM Re: $1 BILLION Owed NY by Tribes [Re: HarleyBobT]
bluezone Offline
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RAID--------------------
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#928706 --- 12/01/08 05:53 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
SkySoldier Offline
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And a good one too.


This racket has got to be closed down. Most of the people making the big bucks off casinos, gas and cigs are not even native Americans.
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#929343 --- 12/02/08 05:13 PM Re: $1 BILLION Owed NY by Tribes [Re: SkySoldier]
bluezone Offline
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Posts: 32557
Loc: USA
The tax loses would seem to be higher considering that this small shop was pocketing $250,000 per day from cigarettes.
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#932195 --- 12/06/08 08:13 AM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Did Paterson sign the paperwork yet?
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#932196 --- 12/06/08 08:15 AM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
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Loc: USA
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Bruno: $1B owed in tribal taxes


State should prosecute to collect sales and excise fees, Senate majority leader says

By JAMES M. ODATO, Capitol bureau
First published: Wednesday, January 30, 2008

ALBANY -- Senate Majority Leader Joseph L. Bruno on Tuesday called for the state to prosecute American Indian retailers and others for failing to pay some $1 billion in sales and excise taxes.
Speaking at the annual meeting of the New York Association of Counties, and later to reporters, Bruno said Gov. Eliot Spitzer must enforce state law and collect the taxes to help the estimated $4.4 billion budget gap.

"How do you collect taxes? If people don't pay taxes they end up getting prosecuted," Bruno said. "I mean if you don't pay your taxes, if your company doesn't pay ... what'll happen?"

Later, after flanking Bruno during a news conference, Attorney General Andrew Cuomo declined to say who should prosecute tribal enterprises.

"It depends on what the state is doing," Cuomo said. He said he wanted someone to check into Bruno's comments.

Cuomo spokesman John Milgrim later said it would be inappropriate to comment because the attorney general may have to defend the state in a lawsuit.

Assemblyman David Townsend, R-Sylvan Beach, said he will file a suit this week against Spitzer and Tax Commissioner Robert Megna in state Supreme Court in Albany County to get an order requiring tax law enforcement on the Indian enterprises.

An Oneida Nation spokesman declined to comment on the suit or Bruno's comments.

Bruno said he supported a "great resolution" from the association. It directs the Spitzer administration to "take any and all necessary action to insure collection of all sales and excise taxes on tribal and Indian sales of all goods and services to non-tribal members ... without further delay."

Bruno said: "Governor, go get the tax money on behalf of the people of this state. ... There's about $1 billion out there."

Spitzer's legal counsel, Richard Rifkin, told a committee of the association on Monday that the issue is complicated and he wouldn't speculate on how it will be resolved.

The governor put $200 million in his budget plan for this year from Indian tax collections. His budget plan for next year calls for $174 million.

The holdup has been the Department of Taxation and Finance's failure to issue coupons so that tribal members can continue to buy tax-free cigarettes and other products. People who are not tribal members would have to pay the taxes.

Town of Lenox Board Supervisor Rocco DiVeronica, the past chairman of the association's Native American Affairs Committee, said he appreciates Bruno's support but questioned his ties with the leader of the Oneida Indian Nation, Ray Halbritter. Bruno walked one of the Oneidas' professional-level golf courses last year with Halbritter, whose tribe has contributed $430,000 to Senate and Assembly campaign committees since 1999.

"There's a disconnect between state and local government officials," DiVeronica said.

Spitzer told the association his new budget would save counties $519 million. But several county leaders and Association Executive Director Steve Acquario said Spitzer overstated the state's help. They said Spitzer's budget will push $75 million to $80 million onto counties for costs of juvenile detention and welfare.

The governor, Acquario said, was counting Medicaid costs borne by the state since the Pataki administration capped local costs for the government health care program.

Paul W. Miller, Madison County's assistant director of planning, and Oneida County Executive Anthony J. Picente Jr., complained that Spitzer failed to account for sales tax revenues counties aren't getting from Indian businesses, as well as lost property taxes not paid on Oneida-owned acreage.

Spitzer spokesman Errol A. Cockfield Jr. said that if county executives say they have to raise taxes, it will be "because of their own choices, not because of the New York state budget. They are threatening tax increases at a time when the public is feeling squeezed, despite increased state aid that makes doing so unnecessary."

Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.







?
.



Paterson can you use some more money?
time to start collecting the overdue money.



.




..............
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#934250 --- 12/09/08 01:12 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
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Loc: USA
Paterson?
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#934352 --- 12/09/08 03:48 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Scott Rapp / The Post-Standard Tuesday December 09, 2008, 1:18 PM

State Supreme Court Judge Kenneth R. Fisher has rejected a request by the Cayuga Indian nation for an injunction barring Cayuga and Seneca counties from enforcing state tax laws regulating the sales of cigarettes.

The judge's ruling was released today.

Cayuga County legislator Raymond Lockwood said he has not seen the decision but said it "was very favorable to us." He was notified by the county's law firm, Harris Beach, of Rochester.

Sheriff's deputies in the two counties seized the cigarettes and records in coordinated simultaneous raids carried out two days before Thanksgiving.

The two stores have not sold cigarettes since the raids, but sales of cigars and other tobacco products have continued. Those tobacco products are regulated by a different section of state tax law and were not part of the county action.

The Cayugas had asked the judge to bar the counties from trying to enforce state law requiring the Indian nation to pay excise and sales tax due on cigarettes at the Cayuga's two LakeSide Trading stores, one in Union Springs and the other in Seneca Falls. The Cayugas also wanted the more than 17,000 cartons of cigarettes returned, along with business records.

Eleven lawyers made their cases in court last week.

It was clear then the case before Fisher would come down to this:

Do the Cayugas have sovereign nation rights to sell tax-free cigarettes at their LakeSide Trading gas station and convenience stores in Union Springs and Seneca Falls?

The lawyers representing the counties collectively argued that the nation lost sovereign rights in 2005 when the U.S. Supreme Court rejected a parallel land-claim case involving the Oneida Indian Nation. Later, a federal appeals court dismissed the Cayugas' land claim on similar grounds.

Lawyers for the Cayugas collectively disagreed and said the top court ruling did not disestablish their reservation, which they said still comprises 64,000 acres of ancestral homeland around the north end of Cayuga Lake.

They said the land on which the nation's stores sit is considered under state law to be a qualified reservation, which the lawyers said permits the Cayugas to sell tax-free cigarettes and other goods.

Lawyers for the Cayugas also argued that the counties are trying to enforce a state tax law that was enjoined from being enforced two years ago.

The cigarette tax issue was rekindled last month when sheriff's deputies from both counties raided the two stores and seized all of the nation's 17,600 cartons of cigarettes for not paying about $485,000 in state excise taxes on them. The excise tax does not include state sales tax.

District attorneys in both counties are considering filing criminal charges.






------------------------------------------------------

Paterson are you taking notes?


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#936209 --- 12/12/08 03:51 AM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Paterson has 10 days to sign the bill.
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#937693 --- 12/14/08 02:03 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
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Loc: USA
8 days left?
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#937725 --- 12/14/08 02:58 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
trump Offline
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Registered: 11/15/08
Posts: 887
Loc: USA
Originally Posted By: bluezone
8 days left?


I think I heard the last day to sign will be Dec 23rd. If he signs it, I bet it will be the last day. So close to Christmas a lot of people will not be paying attention.
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#938255 --- 12/15/08 05:32 AM Re: $1 BILLION Owed NY by Tribes [Re: trump]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Gov. David Paterson is expected to sign a bill on Monday that will require wholesalers to collect taxes on all tobacco and petroleum products before they are sold to businesses owned by American Indians, said state Sen. Michael Nozzolio.
“This bill will change the law to make it easier for the (state) tax department to collect taxes on products sold at Native American stores,” Nozzolio said. “The only thing worse than taxes is taxes that are imposed unequally and unfairly.”

After being passed by the state Assembly and Senate this past summer, the bill needs the governor's approval before it can take effect.

Under the current system, retailers are required to collect taxes when items are sold to a customer.

While American Indians are not required to collect taxes made on sales with other Indians, they are supposed to collect taxes on transactions with non-Indians.

The signing, which is scheduled to take place at 10 a.m. in Utica, comes a week after state Supreme Court Judge Kenneth Fisher rejected a lawsuit filed by the Cayuga Nation against the sheriffs and district attorneys offices in Cayuga and Seneca counties. The nation said law enforcement violated their sovereignty by raiding their Lake Side Trading stores in Union Springs and Seneca Falls for untaxed cigarettes on Nov. 25.

Several New York state tribes, including the Cayuga Nation, have said their sovereignty exempts them from collecting sales or excise taxes on products sold by their businesses.

Fisher ruled the stores are not on a recognized reservation and that even though the state refused to help with the investigation, local law enforcement officials could still conduct their own felony investigations.

Both district attorneys' offices are planning to go to a grand jury to seek felony tax evasion charges against the tribe and both stores were closed by the nation on Wednesday while the tribe appeals Fisher's decision.

Even though several state and federal Supreme Court decisions allow states to collect taxes on sales made between tribes and non-Native Americans, Nozzolio said former governors Eliot Spitzer and George Pataki failed to enforce the state's tax laws on the region's tribes.

“There have been several jobs driven out of the area as a result of the state's failure to enforce the tax laws equally on Native Americans and non-Native Americans,” Nozzolio said. “This bill will allow the state to collect taxes on tobacco and petroleum before it gets delivered to Native Americans for sales.”

While the bill will only affect tobacco and petroleum, Nozzolio said the state's tax department can inventory a business's records to collect sales tax.

“This will be a tax that's placed on Native Americans and non-Native Americans because everyone should be taxed equally and fairly,” he said.
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#939967 --- 12/17/08 11:05 AM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
58 days?
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#944612 --- 12/24/08 06:10 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
SkySoldier Offline
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Registered: 08/18/01
Posts: 25300
Loc: Finger Lakes National Forest, ...

"Gov. David Paterson is expected to sign a bill on Monday that will require wholesalers to collect taxes on all tobacco and petroleum products before they are sold to businesses owned by American Indians, said state Sen. Michael Nozzolio. "

Today is the 24th.

Did Patterson sign it?
_________________________
America has problems.

We can fix that.

America is not THE problem.

Next time. Vote for the AMERICAN.


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#945433 --- 12/27/08 07:59 AM Re: $1 BILLION Owed NY by Tribes [Re: SkySoldier]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Yes
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#947044 --- 12/30/08 11:42 AM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA

FEDERAL GOVERNMENT
Tobacco wholesale company sued for failure to pay $18.4 million
By Michael Beebe
NEWS STAFF REPORTER


Federal attorneys have filed suit against a tobacco wholesale company owned by Arthur “Sugar” Montour, a former Seneca tribal councillor, for failing to pay $18.4 million in federal tobacco settlement assessments.

Montour’s company, Native Wholesale Supply Co., located on the Cattaraugus Reservation, is the exclusive American distributor for Seneca and Opal brand cigarettes manufactured in Canada by Grand River Enterprises, a Native American company.

Justice Department attorneys representing the U. S. Department of Agriculture allege that Native Wholesale Supply has failed to pay federal assessments for 2006 through 2008, as required under the tobacco master settlement agreement.

Native Wholesale Supply is closed through Jan. 5. Its New York City attorney did not return a call.

Seneca brand cigarettes are one of the best-selling Native American brands, and Grand River Enterprises has faced legal action by 30 state attorneys general, alleging the company has skirted requirements to comply with the agreement reached with the major U. S. tobacco companies.

Grand River, in turn, has filed a lawsuit against the state attorneys general in U. S. District Court in the Southern District of New York, as well as an action against the United States in an international tribunal, claiming damages under the North American Free Trade Agreement.

To learn the sales figures for Seneca brand cigarettes, the state attorneys general filed suit in U. S. District Court in Buffalo, trying to force Native Wholesale to divulge its cigarette purchases.

U. S. District Judge Richard J. Arcara agreed with the states on Nov. 20, ordering Native Wholesale to turn over its sales figures. Native Wholesale has appealed the order.

The separate lawsuit seeking payments from Native Wholesale Supply said it was incorporated under the laws of the Sac and Fox Indian Nations and has its principal address at 10955 Logan Road, Perrysburg.

Wendy M. Ertmer, a trial attorney with the Justice Department, said in the suit that Native Wholesale partially paid its 2005 assessment but since then has not paid anything or complied with reporting requirements since January 2007.

“As of its Sept. 1, 2008, statement,” the suit alleges, “[National Wholesale Supply’s] outstanding balance, with late payment interest, was $18,451,475.96.”

The lawsuit demands that Native Wholesale pay the owed amount and provide the government the information required by the settlement act.

Federal agents in 2004, at a time when Montour was a Seneca councillor, seized 90,000 cartons of his cigarettes under the federal Cigarette Contraband Trafficking Act.
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