|
Senecas taking Paterson to federal court |
|
Written by Administrator
|
|
Wednesday, 18 August 2010 |
Senecas taking Paterson to federal court
Tuesday, August 17, 2010
by James M. Odato
The Seneca Indian Nation sued the Paterson administration in U.S. District Court in Buffalo Tuesday to block enforcement of a plan to gain tax collections on sales of cigarettes at Native American stores.
Papers were filed around 5 p.m. naming the Gov. David Paterson, Acting Tax Commissioner Jamie Woodward and State Police.
The Seneca tribal government said in a statement that a complaint was filed in the Western District of New York challenging as substantively infirm (1) the amendments to New York State Tax Law sections 471 and 471-e that were enacted on June 21, 2010; and (2) the emergency regulations promulgated by the Department of Taxation and Finance in an effort to implement those statutory provisions. The tax collection is supposed to commence Sept. 1.
In the meantime, the tribal government, which is supported by other tribes, is appealing to Paterson and Attorney General Andrew Cuomo to hold off on implementing the collection program while the case is in the court.
Court papers say the Seneca have a tribal tax stamp already and that the “well-regulated tobacco economy” supports 18 Seneca-licensed stamping agents and 140 licensed cigarette retailers and about 3,000 Indian and non-Indian employees.
The tribe intends to file a motion for a preliminary injunction and a temporary restraining order Friday and ask for a court hearing on Aug. 27.
http://blog.timesunion.com/capitol/archives/30751/senecas-taking-paterson-to-federal-court/ |
