Legal Opinion

New York Ass'n of Convenience Stores v. Urbach

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1997PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Cardona, P. J.

New York imposes sales and excise taxes upon cigarettes and motor fuel (see, Tax Law arts 12-A, 20, 28), but cannot *340impose such taxes on sales of those products to enrolled tribal members on Indian reservations (see, Moe v Salish & Kootenai Tribes, 425 US 463). On-reservation sales to non-Indian consumers, however, are subject to such taxation (see, Washington v Confederated Tribes, 447 US 134). In 1988, respondent Department of Taxation and Finance adopted regulations (see, 20 NYCRR 336.6, 336.7, 414.6, 414.7) designed to require on-reservation retailers to…

2Cases cited27 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Singleton v. WulffSupreme Court of the United States · 1976
  4. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  5. Oyler v. BolesSupreme Court of the United States · 1962

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3Cited by8 opinions

  1. New York Ass'n of Convenience Stores v. UrbachNew York Court of Appeals · 1998
  2. Bohlke v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Lasalle Ambulance, Inc. v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1997
  4. New York Ass'n of Convenience Stores v. UrbachAppellate Division of the Supreme Court of the State of New York · 2000
  5. New York State Department of Taxation v. BramhallAppellate Division of the Supreme Court of the State of New York · 1997

3 more not listed; retrieve them via the Exa API.

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