Seneca County sues to force collection of sales taxes

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Seneca County filed a lawsuit Monday against the state Department of Taxation and Finance, the Cayuga Indian Nation

of New York and several cigarette wholesalers seeking to force them to collect taxes on sales of tobacco products and

gasoline at Indian enterprises.

Seneca County Attorney Steven Getman filed the lawsuit in state Supreme Court in Albany at Fayette Supervisor Ed

Barto's request.

In a news release, Barto cited the closure of area gas stations following the Cayuga Nation's opening of its gas station

on Route 89 in Seneca Falls as an example of a competitive disadvantage to non-Indian retailers who must pay taxes

and charge more for the same products.

Most recently, JNT's on Bayard Street in Seneca Falls closed because of unfair competition, Barto said. The tribe also

has a gas station on Route 90 in Union Springs.

Earlier this month, convenience store operators sued Gov. George Pataki to compel him to enforce a new law requiring

tax collection on tobacco products and gasoline sold to Indian businesses.

The law, introduced by State Sen. Michael Nozzolio, R-Fayette, required the tax department to start sales and excise tax

collection March 1.

State tax commissioner Andrew Eristoff said earlier this year that he won't enforce the law on reservation and Internet

sales to non-Indians to give Pataki more time to settle the long-standing land claims of New York tribes.

The Cayuga Nation's land claim litigation died Monday after the U.S. Supreme Court declined to hear an appeal of its

dismissal. The tribe has a pending application for 125 acres to be taken into sovereign trust status by the federal

government.

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Steven Getman Attorney Franklin & Gabriel Law Office

Steven Getman County Assigned Counsel, 2008-2011

Steven Getman Seneca County Stop-DWI Coordinator, 2007

Steven Getman Seneca County Attorney, 2002-2007

Steven Getman Seneca County DSS Attorney, 1995-2001

Steven Getman Attorney Midey & Swinehart, 1995-2001

Steven Getman Seneca County Public Defender, 1995

Steven Getman Seneca County Law Guardian Panel, 1992-1995

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