Legal Opinion

Snyder v. Wetzler

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

Decided November 10, 1993PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Weiss, P. J.

Plaintiff is a member of the Seneca Nation of Indians who conducts a retail business on the Cattaraugus Reservation in western New York for the sale of cigarettes and motor fuel under the assumed name of Seneca Hawk. A substantial portion of his business is derived from the sale at retail of cigarettes and gasoline to individual purchasers other than Indians. Defendants assessed excise and sales taxes against plaintiff on those sales to non-Indians which he was required but failed to collect and remit (Tax Law §§ 289-c, 471-474, 1132). Plaintiff commenced this…

2Cases cited12 opinions

  1. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  2. Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973
  3. Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
  4. Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
  5. Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991

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3Cited by8 opinions

  1. Cayuga Indian Nation v. GouldNew York Court of Appeals · 2010
  2. United States v. KaidCourt of Appeals for the Second Circuit · 2007
  3. New York State Department of Taxation v. BramhallAppellate Division of the Supreme Court of the State of New York · 1997
  4. Perkins v. CommissionerCourt of Appeals for the Second Circuit · 2020
  5. New York State Department of Taxation & Finance v. BramhallNew York Supreme Court · 1997

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