Posted on 08/27/2010 10:40:26 AM PDT by Drango
“Come, Uncle Paterson, I will caress you...”
Supposedly, David Patterson said it yesterday on WOR. I didn’t catch it, but the quote in the post is from the Syracuse Post Standard, which references the WOR statement.
I have tried to find it on WOR’s website. No luck so far, but I’m not really good at that anyway. Maybe someone else can find it and “preserve” it before it gets washed away.
I was thinking the same thing just before seeing your entry.
I think it would be possible for the Oneida’s to shut down rt 90(the NY state Truway)and the Onandaga’s to shut down rt 81. I believe both of these highways cross the respective reservations.
No more than two hours ago at lunch I told somebody that all tax collection, is at its very heart, an act of violence. The person I was telling this to said I was crazy.
Yes, for purchases in the U.S. According to NY State Sales Tax law, if you travel to another state, purchase an item or items, and bring them back to your NY State residence for use, you are required to pay sales tax on those items. In the NY State tax forms instructions, they cite a person's purchasing a book in New Hampshire and taking it back to your home in NY State, as an example of when you would owe sales tax.
As well, if you purchase an item in another NY State county, and took it to your home county to use, you may be responsible to pay additional sales tax if the county you reside in has a higher tax rate than the county you bought it in.
Then of course there's the tax you owe for online, catalog or phone orders purchased from other states.
I buy a lot of used books online. So far I haven't had to pay sales tax on them, but how long that will last is anybody's guess.
“Next Wednesday could be interesting.”
And if the Indians put out a call for re-enforcements Big Government Chief “No-Seeum” Patterson may be in for a big surprise at who and how many answer the call.
I can't say if a treaty provision is involved as the Tribes's have never shown that clause...but the SC has ruled it's constitutional.
........................................................
In this action for declaratory and injunctive relief, the issue is whether the State Department of Taxation and Finance may require plaintiff, an enrolled member of the Seneca Nation, to collect and remit sales, use and excise taxes on sales of cigarettes and motor fuel to non-Indian consumers at plaintiff's retail business on the Cattaraugus Reservation. Because the issue is directly governed by controlling precedent, we affirm the order of the Appellate Division dismissing plaintiff's complaint.
The United States Supreme Court has clearly established that State tax statutes requiring Indian retailers to collect and remit taxes on sales to non-Indian purchasers, and to keep the records necessary to ensure compliance, violate neither the Commerce Clause nor the constitutional proscription against direct taxation of Indians absent explicit Congressional consent (see, Oklahoma Tax Commn. v Citizen Band Potawatomi Indian Tribe of Oklahoma, 498 US 505; Washington v Confederated Tribes of the Colville Indian Reservation, 447 US 134; Moe v Confederated Salish & Kootenai Tribes, 425 US 463). To the extent plaintiff contends that the State tax statutes at issue violate either the Supremacy Clause or New York law, his arguments are unpreserved and cannot be considered on this appeal. Plaintiff's complaint asserted only violations of the Commerce Clause and "the Laws of the United States enacted pursuant thereto".
http://www.law.cornell.edu/nyctap/search/display.html?terms=tribes&url=/nyctap/I94_0195.htm
The same is true for Tennessee. If I call my supplier in Atlanta for items not for resale I have to pay tax. If I go across the close by Virginia state line for Cigarettes ( I don’t smoke but consider exporting to NY) I pay the excess tobacco tax and the sales tax. I must pay sales tax fir a vehicle bought elsewhere before it can be registered.
Ping
Thank God I live in Florida!..........These other states are crazy!.............
FAIL!
1993 NY Appellate court rejecting the treaty argument.
http://www.upstate-citizens.org/snyder-wetzler-193AD2d329.pdf
I live in Schenectady and work in Syracuse. There are signs all over I-81 in Onondaga reservation so I know that runs right through that, but not on I-90 in Oneida territory as they have a big casino and several golf course right next to I-90. However, I don’t know if I-90 is the northern border of their reservation or not. I do know they definitely took over part if I-90 during the 1997 protests.
>>Heath said the Onondaga will continue to sell brands made by Indian tribes<<
I wonder if there could be a huge jump in the sale of those brands.
I buy virtually all of my non-food items via Craigslist, garage sales and estate sales.
It’s my small contribution to starving the beast.
Two Arrested for Connection to Attempted Train Derailment
By WKBW News
August 27, 2010
CATTARAUGUS COUNTY (WKBW) Officials are calling the July 5th attempted train derailment a crime of terrorism and attempted murder. Now, two people have been arrested for interfering with a federal investigation, lying to federal agents, and attempting to intimidate a witness who was cooperating with the investigation.
The original crime happened last July, when an Amtrak train carrying 354 people was nearly derailed by railroad ties placed on the tracks. This happened on the Seneca Indian Territory in Cattaraugus County. James Phillips and Christine Seneca have been arrested for allegedly attempting to intimidate and interfere with a witness who was cooperating with the federal investigation into the attempted derailment.
U.S. Attorney William Hochul said that it is still unclear whether the attempted derailment had anything to do with a nearby sign saying “NO MAIL NO RAIL” referring to a federal law that bans the shipment of cigarettes through the mail.
“We’re not going to rest until we find who attempted to kill all those people on the Amtrak train,” Hochul said Friday, “if along the way of our investigation we find that there are witnesses who have withheld information or lied about what they saw or know, our office stands ready to use all the tools that Congress have given to us.”
The two individuals arrested could face charges of obstruction of justice and lying to federal agents, carrying a possible penalty of eight to twenty years in jail.
Officials are calling for help from the public, and asking anyone with information to confidentially call the FBI. There is also a reward of $20,000 for information that leads to the arrest and conviction of the person or people who tried to derail the train.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.