Judge rules against Cayugas in cigarette-tax case

By: The Citizen staff report

Tuesday, December 9, 2008 3:56 PM EST

State Supreme Court Judge Kenneth Fisher issued a written decision on Tuesday supporting Cayuga and Seneca counties' right to pursue a felony tax evasion investigation against the Cayuga Nation.
In the ruling, Fisher said that the nation's two Lake Side Trading stores located in Seneca Falls and Union Springs are not on a recognized reservation and must therefore follow all tax laws established by the state.

Nearly 3.5 million untaxed cigarettes were seized during a joint raid on the two businesses by Seneca and Cayuga county sheriff's deputies on Nov. 25.

The tribe, along with other American Indian nations in New York, have claimed a total exemption to sales taxes because they believe their businesses are protected by sovereign nation status.

The judge also rejected the Cayuga Nation's request that the sheriffs' offices return the seized evidence.

Read the full report in Wednesday's edition of The Citizen.

The Citizens' Say

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There are 6 comment(s)

dan w wrote on Dec 10, 2008 12:48 AM:

" Here is a link to the judges decision on channel 9's website. The tribe 0 the counties 3. Thank you The DA's of the counties for doing what the state refused to do. Is to enforce the laws that they swore to uphold. http://www.9wsyr.com/media/news/1/e/7/1e7e9008-95ad-43e0-a128-1442a598482b/Cayuga_Indian_Nation_v_Gould.rtf "

blueyankee443 wrote on Dec 10, 2008 12:09 AM:

" This is all petty crap.Why do the enfor
cement agencies have to prove they are
acting in the interest of others.They a
re taking on the role of Big Brother.Th
ere is no sense of only taking the ciga
rettes,and leaving the gas issue behind
.Maybe too many off-duty police fuel th
eir family vehicles,and need some-place
to do it cheaply.Its strange that they
pick on only one illegal sales,and not
the other one. Then they accuse us,of
not getting things right the first time
. We should expect Obama to drive thro
ugh soon or maybe Caroline Kennedy,as
we cant expect Hillary to do so. "

War Eagle wrote on Dec 9, 2008 8:52 PM:

" So can we expect Mr. Budelmann and Mr. Gould to be investigating and raiding other businesses in the county that aren't paying thier taxes?
Why just the smokes and not the gas? It looks like a case of harrasment to me.
Can the citizen post a link to the actual treaty? I would love to read it and wonder if Mr Budelmann or Mr Gould have? "

scouty wrote on Dec 9, 2008 7:12 PM:

" smoking has been proven to be bad for you. The Cayugas(of Oklahoma) should open a drugstore. "

nature lover wrote on Dec 9, 2008 6:25 PM:

" Premium news! No reservation as was always said. All they want is to cry wolf and get special treatment. Arent we all Americans in this financial mess? Only the evil would overlook that fact and STILL want for themselves.

Go Budelmann.... "

bear wrote on Dec 9, 2008 6:09 PM:

" Give them back the cigarettes that they confiscated. That way they can sell the two carton limit to each customer, that is legal under NYS Law. "

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