Two Lake Side Trading stores owned by the Cayuga Nation have temporarily suspended operations pending a review of Tuesday's state supreme court decision that ruled the businesses could be investigated for felony tax evasion.
Dan French, an attorney for the Cayuga Nation, said the stores stopped all operations on Wednesday after he talked with the nation's leadership. The nation does not charge taxes on any purchases made at the store.
"The Cayuga Nation has always abided by the law, and the law seems to be in flux right now," French said. "Until there is more clarity we will temporarily suspend business."
In a written decision, state Supreme Court Judge Kenneth Fisher rejected the nation's lawsuit against the district attorneys' and sheriffs' offices in Seneca and Cayuga counties.
The nation claimed law enforcement illegally raided and searched their businesses in Seneca Falls and Union Springs on Nov. 25 because they were located on a reservation owned by a sovereign nation.
The tribe, along with other Indian nations in New York, have claimed they are exempt from collecting sales and excise taxes on their property because their businesses are protected by their sovereign nation status.
Fisher said the tribe, while recognized as a sovereign nation, did not have a recognized reservation according to New York state's tax laws. He also said that an injunction on a part of the tax law only prevented the use of a coupon system to exempt American Indians from paying tax, and did not excuse the tribe from collecting taxes on transactions made by non-Indians.
Fisher cited the decisions of several U.S. and state Supreme Court rulings involving the Oneida and Cayuga nations as the basis for his decision.
French said the nation will appeal Fisher's ruling.
Between the two stores, French said more than 30 employees were out of work, and that the nation will be losing a key source of income for its social programs.
"I am sure this will result in a hardship for the nation's programs," French said. "The revenue wholly supported their health care, roads, homes and employment."
Cayuga County Sheriff David Gould said the stores were allowed to sell taxed cigarettes and that there was no investigation into the sale of untaxed gas at either location.
"If they closed, it was not because we shut them down or told them they had to," Gould said. "We have maintained that they can sell anything at there stores as long as they are taxed."
But French said the nation had no intention of collecting excise or sales tax.
"The Cayuga Nation is a sovereign nation that owns these stores within their reservation," French said. "No nation, including the Cayuga Nation has ever collected or administered sales tax, and no nation has ever been required to do so."
"The Cayuga Nation has always abided by the law, and the law seems to be in flux right now," French said. "Until there is more clarity we will temporarily suspend business."
In a written decision, state Supreme Court Judge Kenneth Fisher rejected the nation's lawsuit against the district attorneys' and sheriffs' offices in Seneca and Cayuga counties.
The nation claimed law enforcement illegally raided and searched their businesses in Seneca Falls and Union Springs on Nov. 25 because they were located on a reservation owned by a sovereign nation.
The tribe, along with other Indian nations in New York, have claimed they are exempt from collecting sales and excise taxes on their property because their businesses are protected by their sovereign nation status.
Fisher said the tribe, while recognized as a sovereign nation, did not have a recognized reservation according to New York state's tax laws. He also said that an injunction on a part of the tax law only prevented the use of a coupon system to exempt American Indians from paying tax, and did not excuse the tribe from collecting taxes on transactions made by non-Indians.
Fisher cited the decisions of several U.S. and state Supreme Court rulings involving the Oneida and Cayuga nations as the basis for his decision.
French said the nation will appeal Fisher's ruling.
Between the two stores, French said more than 30 employees were out of work, and that the nation will be losing a key source of income for its social programs.
"I am sure this will result in a hardship for the nation's programs," French said. "The revenue wholly supported their health care, roads, homes and employment."
Cayuga County Sheriff David Gould said the stores were allowed to sell taxed cigarettes and that there was no investigation into the sale of untaxed gas at either location.
"If they closed, it was not because we shut them down or told them they had to," Gould said. "We have maintained that they can sell anything at there stores as long as they are taxed."
But French said the nation had no intention of collecting excise or sales tax.
"The Cayuga Nation is a sovereign nation that owns these stores within their reservation," French said. "No nation, including the Cayuga Nation has ever collected or administered sales tax, and no nation has ever been required to do so."
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Post your comment - click hereThere are 7 comment(s)
brew1234 wrote on Dec 12, 2008 12:28 AM:
colin1101 wrote on Dec 11, 2008 10:14 PM:
Irene8585 wrote on Dec 11, 2008 9:49 PM:
james_13021 wrote on Dec 11, 2008 6:24 PM:
Now maybe the gas station that burn down the road on Route 90 will finally rebuild. The owner had complained for years about how the Indians were undercutting their proffits for years. They refused to rebuild becuase they couldn't compete with them charging so little for gas and smokes.
Good riddance!!! "
rocky-g wrote on Dec 11, 2008 4:39 PM:
trooper2b wrote on Dec 11, 2008 3:47 PM:
Citizen editors wrote on Dec 11, 2008 3:34 PM:
djp2157 on 12/11/2008 02:17:26 said:
"As a relative of an employee of Lakeside Trading, I feel the need to express my opinion. Lakeside Trading was and is very good to their employees, unlike alot of other employees in the counties of Seneca and Cayuga. Now I guess they'll have to stand in the unemployment and welfare lines until those benefits run out also. May you employees of Lakeside Trading have a blessed holiday, you'll all be in my thoughts and prayers."
cooldad on 12/11/2008 01:29:25 said:
"What Next IN THIS COUNTRY ???? This is a JOKE and A HALF. Impeach him as Governor and then procecute him. This is UNBELIVEABLE !!!"
Marsha on 12/11/2008 01:24:37 said:
"I feel for the employees who lost long standing jobs, probably people without great resumes."
nature lover on 12/11/2008 01:10:33 said:
"If u two posters had a clue u would know that the two Lakeside convenience stores are NOT repeat NOT on reservation land. Therefore they must charge tax. Now if they were on reservation land, it w/b for Indians only to get goods w/o paying taxes, non indian would be forced to pay tax. So no matter how u slice it, they are in violation. Besides, I have to laugh because where i buy gas it is ALOT of taxes added on and when u drive by Lakeside its like what 4 cents cheaper? What a rip off. Reservation = mask of freeloaders."
cooldad on 12/11/2008 01:08:29 said:
"KEEP MESSING AROUND WITH THE INDIANS , ESPECIALLY THE ONIEDA`S AND THE TURNING STONE WILL SHUT DOWN. THEN YOU`LL SEE HOW MANY PEOPLE WILL BE OUT OF WORK.THEY TRIED MESSING WITH THE ONONDAGAS A FEW YEARS AGO AND IT DIDN`T WORK.HEY, LEAVE THE INDIANS ALONE !!!"
dan w on 12/11/2008 12:56:49 said:
"The revenue wholly supported their health care, roads, homes and employment. This statement is quite the streach of the facts. Since I never stepped foot in any of the stores. I can't speak about employment. Health care is taken care of by the federal goverment. Roads what roads thats a joke right? Homes yeah buying up all the land to try to put in trust. Its time they joined the other 4 stores they put out of business."
bigal on 12/11/2008 12:53:20 said:
"The county has no right to step into an area that federal and state agencys are avoiding. Leave the Indians Alone!"
halfcent on 12/11/2008 12:44:30 said:
"typical of our great county,put more people out of work." "