tag:blogger.com,1999:blog-1508436481250154585.post6551897906331686995..comments2023-07-03T10:12:07.894-04:00Comments on Native Pride: The State Clears Another Hurdle to Cut Off Its Supply to Native StoresJohn Kanehttp://www.blogger.com/profile/08258945528213164797noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-1508436481250154585.post-38452386968541681582011-06-13T01:30:51.036-04:002011-06-13T01:30:51.036-04:00In all of the cases that the state has cited to ge...In all of the cases that the state has cited to get this law almost to the point of implementation the emphasis has always been on the states' right to collect a tax revenue from non-natives who purchase cigarettes we buy from the state wholesalers and simply sell with no tax applied with a very specific reference to our sales of a product we add no value to. <br />In NYSDTF v Attea, Justice Stevens wrote, "The specific kind of state tax obligation that New York's regulations are design to enforce-- which falls on non Indian purchasers of goods that are merely retailed on a reservation--stands on markedly different footing from a tax imposed directly on... "value generated on the reservation by activities involving the Tribes," COLVILLE, 447 U.S. at 156-157."<br />To be clear; this is basically saying that there is NO case law that allows the states to tax a product that we add value to; ie, manufacture, develop, produce, market, brand, distribute.<br />Now I believe we have a right to market our regulatory advantages regardless but it is clear the state will find a very shallow victory in all this when the hurdles are finally cleared and they actually shut off their wholesalers from supplying us. We will do fine with Native brands and the state will be left looking both abusive and foolish.John Kanehttps://www.blogger.com/profile/08258945528213164797noreply@blogger.com