Archive: Opinions

NYS Senator Michael NozzolioTuesday’s ruling by the Second Circuit Court of Appeals is a huge victory for the citizens of Cayuga and Seneca Counties. The Court's unanimous decision upholds New York State's right to collect taxes on cigarettes sold by Indians to non-Indians and is the beginning of actions being taken to protect businesses in New York from unfair competition.

In 2008 legislation that I wrote was adopted in both the New York State Senate and Assembly and signed into law by then-Governor David Paterson.  This legislation was the foundation and strength of Tuesday's Court ruling and I am elated that the Court has upheld the law. I have included Governor Cuomo's statement on the Court ruling and am also pleased that the New York State Department of Taxation and Finance has been instructed by the Governor to begin the collection of the taxes. The Taxation and Finance Department has posted the regulations for collecting the taxes on their website here.

I certainly appreciate and share the frustration of many regarding this issue. This victory is evidence that it is critical to follow the proper course on these important issues, and I remain committed to fighting for positive outcomes for the citizens of Cayuga and Seneca Counties.

Statement from Governor Cuomo's office:

“As a result the U.S. Court of Appeals decision, the State Department of Taxation and Finance has posted the regulations governing collection of sales taxes on cigarettes sold to non-tribal members. The state will begin enforcing the regulations immediately.”

v7i18