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Tribes return to court over New York cigarette tax

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BUFFALO, N.Y. — A federal judge in Buffalo has extended a temporary order blocking tax collections on cigarettes sold by two New York Indian nations. Lawyers for the St. Regis Mohawk tribe of northern New York and the Unkechaugs (UNK’-uh-chugs) of Long Island argued Tuesday against the state’s plans to apply its $4.35-per-pack sales tax on cigarettes sold by tribal...

BUFFALO, N.Y. — A federal judge in Buffalo has extended a temporary order blocking tax collections on cigarettes sold by two New York Indian nations.

Lawyers for the St. Regis Mohawk tribe of northern New York and the Unkechaugs (UNK’-uh-chugs) of Long Island argued Tuesday against the state’s plans to apply its $4.35-per-pack sales tax on cigarettes sold by tribal retailers to non-Indian customers.

Judge Richard Arcara extended until Nov. 12 a temporary order blocking the levy while he considers whether to grant a more permanent preliminary injunction.

Arcara recently denied a preliminary injunction sought by the Seneca and Cayuga nations, but gave those tribes time to appeal.

The state sees the tax as a potential $200 million-a-year revenue source.


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