Latest Court Ruling:
NY Can't Collect Taxes from Any Tribe
A federal judge in Albany is blocking the state from enforcing new cigarette tax regulations on any Indian tribes.
This afternoon, U.S. District Judge Lawrence Kahn ruled that the Department of Taxation and Finance cannot start collecting sales taxes on cigarettes sold by any Native American retailers until at least October 1.
On Thursday, Kahn granted the St. Regis Mohawk Indian Nation's request for a temporary restraining order. Like the Senecas and Cayugas, the Mohawks are asking for an injunction hearing, claiming that the taxes violate their tribal sovereignty.
Kahn has ordered the Mohawks' injunction hearings to start Thursday. The Senecas' and Cayugas' injunction hearings were held before U.S. District Judge Richard Arcara in Buffalo on Tuesday and Wednesday.
Kahn's ruling today supersedes a ruling from the New York State Court of Appeals saying the state can move ahead with enforcement of the tax.
This afternoon, U.S. District Judge Lawrence Kahn ruled that the Department of Taxation and Finance cannot start collecting sales taxes on cigarettes sold by any Native American retailers until at least October 1.
On Thursday, Kahn granted the St. Regis Mohawk Indian Nation's request for a temporary restraining order. Like the Senecas and Cayugas, the Mohawks are asking for an injunction hearing, claiming that the taxes violate their tribal sovereignty.
Kahn has ordered the Mohawks' injunction hearings to start Thursday. The Senecas' and Cayugas' injunction hearings were held before U.S. District Judge Richard Arcara in Buffalo on Tuesday and Wednesday.
Kahn's ruling today supersedes a ruling from the New York State Court of Appeals saying the state can move ahead with enforcement of the tax.
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