Woman charged with tax evasion

By The Citizen staff report

Friday, October 17, 2008 8:05 AM EDT

A local woman who traveled from Onondaga County to buy cigarettes in Union Springs was arrested for tax evasion after she was pulled over for running a red light, a trooper with the New York State Police said.
Gay Breed, 44, of Lysander, was driving home from Lake Side Trading convenience store in Union Springs when she turned left at a red light at the intersection of Routes 5 and 90, troopers said.

When the troopers pulled her over, they discovered that she had just purchased five boxes of untaxed cigarettes from Lake Side, a Cayuga Nation-owned business.

Cayuga County District Attorney Jon Budelmann said that knowingly purchasing more than two boxes of untaxed cigarettes was classified as a misdemeanor crime.

Each box contained 200 cigarettes.

But Breed's daughter, Victoria Breed, said her mother was not aware that her actions were against the law. When the officer asked to see what she had purchased, she just handed it right over without thinking anything was wrong, Victoria Breed said.

“I have just never heard of anything quite like that in my life,” she said, before adding that her mother was very shaken up after being arrested.

There is no law that would prevent the store from selling more than two boxes, Budelmann said.

And while people may not know that buying more than two boxes is tax evasion, Budelmann said they go to the trading post for the cheaper products that are not taxed.

Troopers said Breed was issued an Oct. 21 appearance ticket for Town of Aurelius Court.

The Citizens' Say

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There are 16 comment(s)

childofthekorn1318 wrote on Oct 20, 2008 11:23 AM:

" This is perhaps the most rediculous crime I've ever heard of. The troopers have nothing better to do? Also, never "just hand over" what you purchased to an officer, they have no right to your purchased goods, keep them in the trunk, and when they ask to search your car, politely say to them "I do not consent to any searches of my person or property". Do not let anything you purchase be seen or they have right to search your vehicle due to plain sight law. "

nature lover wrote on Oct 17, 2008 4:34 PM:

" This is what the argument of 'no reservation/no sovereign nation' is all about. If the Indians want to be sovereign, sobeit, but no taxes means for Indians ONLY. If you do not belong to the tribe, you should be paying taxes on your purchases. So yes it is illegal under current law to buy that many cancer sticks w/no tax. Remember people, this isnt as ridiculous as you think because all u need to look at is what the Oneidas did to the Leatherstocking area on NYS. Took all kinds of land off tax rolls and it is classified as one of the poorest regions now because of it. So dont be so fast to criticize this justified arrest. Besides she ran a red lite. And this may appear to be innocent but MANY buy countless cartons of butts at places like Lakeside to resell for their own profit - like contraband. "

sfree wrote on Oct 17, 2008 4:17 PM:

" Isn't there a place when filing income taxes int he spring, where people can place the total dollar amount of products they purchased that were not taxed? How does the court know she didn't intend to claim the cigs there, hence paying the tax on them. "

The Truth wrote on Oct 17, 2008 3:19 PM:

" Get use to this thinking under Obama ... "

AJ wrote on Oct 17, 2008 2:32 PM:

" This is asolutely insane. "

Clara wrote on Oct 17, 2008 2:29 PM:

" I wonder if we will be charged on a gas fill up or a few candy bars?
(I sure hope not, I don't feel like being arrested for being hungry or finding ways make cavities in my teeth.) "

dan w wrote on Oct 17, 2008 2:14 PM:

" Its about time something is being done. You can't charge the Cayuga's. But the customers can be charged. Good job Budelmann! "

bizzaro-world wrote on Oct 17, 2008 1:28 PM:

" brew1234....please go back to sleep. Do not reply with ignorance until after you finish middle school. The "white lady" was arrested. I get dumber every time I read your comments. I must learn to ignor them..... "

gman wrote on Oct 17, 2008 1:23 PM:

" GREAT JOB, NYS TROOPERS!!! THE STREETS
ARE MUCH SAFER WITH MS. BREED OFF THEM. SHE'S BEEN A MENACE TO SOCIETY FOR MANY YEARS. WE CAN ALL SLEEP BETTER KNOWING THE HER ILLEGAL ACTIVITES HAVE BEEN STOPPED. KEEP UP THE GOOD WORK FELLAS NEXT ITME I RUN INTO ONE OF YOU AT DUNKIN DONUTS COFFEE AND DONUTS ARE ON ME. "

mark wrote on Oct 17, 2008 12:20 PM:

" I thought that tax evasion was avoiding paying taxes by illegal means. It's not illegal to buy smokes from Indians is it? "

pamnewyork wrote on Oct 17, 2008 11:36 AM:

" If the law is not clear than how can it be broken? What a sad waste of tax payer's money and law enforcement time. Hope there are no real criminals running the streets while these officers were tied up in such a "huge" operation! Mabey you should go after the tobacco industry that caused the addiction in the first place!!!! "

brew1234 wrote on Oct 17, 2008 10:53 AM:

" The Native Americans don't pay taxes and you want them to be prosecuted. The white lady avoids taxes and its no big deal. Do you see a pattern here? "

justaround wrote on Oct 17, 2008 10:25 AM:

" I agree that charge is ridiculous but she was originally pulled over for running a red light. Most officers ask where you are coming from or headed when they pull you over, but had she known this law, she may not have answered that question with Lakeside..lol. "

TREX wrote on Oct 17, 2008 9:55 AM:

" Good grab nice to see my tax dollars at work Must have been a big sting operation. What a joke "

Marsha wrote on Oct 17, 2008 8:58 AM:

" this is ridiculous! Is she wasn't supposed to buy nore than 2 cartons, they should not be allowed to sell mroe than 2 cartons. Go find some drug dealers to arrest. "

ExAubrnian wrote on Oct 17, 2008 8:40 AM:

" how ridiculous....what a waste of law enforcement time. "

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