State set to get tax on Indian cigarette sales

[Bioguy231]

Maybe the Indians will circumvent the situation by selling cigarettes manufactured on tribal land. But I doubt thats going to save them. I've sampled their brands, and dont like the flavor/taste very much.

If they are smart they will work on the quality of their product. If die hard smokers can save 44 dollars a carton they will adjust to Indian brands if the quality and flavor even come close.
Then the goverment will find another reason to go after them.[/QUOTE]

I'm sure that most smokers will circumvent the problem even if Mario Junior manages to collect taxes from Native Americans. Taking a short ride to Pennsylvania every couple of months for cheap cigarettes is a good option.

[fp2206]

There is no way this state will tax the Native Americans in the next 20 yrs. Just will not happen. Too many federal and state judges will just stop it . We should leave the Indians alone, they don't bother us. Our state politicians will spend the new tax money in a blink of an eye. Our state will never have enough money.The native Americans have been screwed by the "white" man way too much already. Just leave them alone. Lets tax political ads at say 30 percent. This would bail out the state and maybe cut back on some of the ads which are a bunch of lies anyway. I cant wait till we have a native American as our president. We should all learn something from this proud peaceful race.

[dtwarren]

First off it is not taxing any Indian or Indian retailer it is collecting taxes from non-Indians making purchases on Indian land. Second the U.S. Supreme Court has ruled that this is legal a number of times since the early 1980's.

[MarkLV]

....it is not taxing any Indian or Indian retailer it is collecting taxes from non-Indians making purchases on Indian land....

That is a simple view, of a simple problem. However, neither apply in this case.

The NYS Gov't IS trying to tax the Senecas by making the cigarette wholesalers (the companies that ship the cigs to the SN) pay the tax before they get shipped.

Also, NYS wants the SNI to collect NYS sales tax when they resell the cigs to non-natives on tribal land. Why should they? They are not, nor should they be, a tax-revenue collection point for NYS.

[300miles]

Let's just get the inevitable over with and do now what we all know will eventually happen anyway: declare tobacco and nicotine as controlled substances on a National level that can't be obtained without a drug-treatment prescription, and ban all over the counter sales. It's obvious that's what will happen within the next 30 years. Why drag it out. Then all this bickering over Indian sales will be pointless.

[granpabob]

Let's just get the inevitable over with and do now what we all know will eventually happen anyway: declare tobacco and nicotine as controlled substances on a National level that can't be obtained without a drug-treatment prescription, and ban all over the counter sales. It's obvious that's what will happen within the next 30 years. Why drag it out. Then all this bickering over Indian sales will be pointless.

then let medicare medicaid pay for them just like other drugs

[Mindcrime]

Let's just get the inevitable over with and do now what we all know will eventually happen anyway: declare tobacco and nicotine as controlled substances on a National level that can't be obtained without a drug-treatment prescription, and ban all over the counter sales. It's obvious that's what will happen within the next 30 years. Why drag it out. Then all this bickering over Indian sales will be pointless.

It would cost less to simply decriminalize most drugs. But then there's that whole 'freedom from government intervention' thing...

[dtwarren]

That is a simple view, of a simple problem. However, neither apply in this case.

The NYS Gov't IS trying to tax the Senecas by making the cigarette wholesalers (the companies that ship the cigs to the SN) pay the tax before they get shipped.

Also, NYS wants the SNI to collect NYS sales tax when they resell the cigs to non-natives on tribal land. Why should they? They are not, nor should they be, a tax-revenue collection point for NYS.

That agument was made and rejected in court. In regards to sales tax the Indian retailers as any other retailer is merely a conduit for the consumer to pay the sales tax that they are legally liable for. In the case of the Indian retailer they have an alotment of cigarettes that they can purchase without pre-paying the taxes, it is these cigarettes that they sell to their Indian purchasers. Have you read any of these decisions?

[300miles]

It would cost less to simply decriminalize most drugs. But then there's that whole 'freedom from government intervention' thing...

May cost less, but will never happen. Dangerous drugs will always be illegal here, and the only reason tobacco/nicotine isn't illegal already is because its historical accepted. Treat it like any other dangerous cancer-causing pollutant and it would be taken off the shelves within days.

[cheekman]

Your taxes won't go down because of this.
So leave it be and let the average person catch a break.

[Mindcrime]

May cost less, but will never happen. Dangerous drugs will always be illegal here, and the only reason tobacco/nicotine isn't illegal already is because its historical accepted. Treat it like any other dangerous cancer-causing pollutant and it would be taken off the shelves within days.

'Dangerous drugs?' Have you seen a commercial or an ad for prescription drugs these days? They cause everything from ulcers & blurred vision to rectal bleeding & death.

Danger has nothing to do with it. It's about money, pure & simple.

[FisherRd]

cheek,
How long have you been smoking, and is there a price per pack that would cause you to quit?

If beer hits $40/case, I'm going to take up crack.

[therising]

If beer hits $40/case, I'm going to take up crack.

I'mway otnay eallyray ayingsay anythingway, UTBAY......ifway
ouyay eednay elphay uyingbay ethay uffstay, Iway avehay away
uygay.
At'sthay allway I'mway ayingsay.
OKWAY?

[cheekman]

cheek,
How long have you been smoking, and is there a price per pack that would cause you to quit?

If beer hits $40/case, I'm going to take up crack.

fish, i went cold turkey when giving up the smokes
i know its tuff and a lot of my pack still smokes.....at least give the break on the gas for awhile.... this state would only blow the tax money on useless crap.

[FisherRd]

Congrats on quitting.
I agree the state will blow the money, but if they don't get the money from "them", they're going to get it from "us". One way or another, they're going to get more money.

It's more of a spending problem than a revenue problem, but it's easier for them to get more money than to cut spending.