Re: NY State Taxation Issue - URGENT

Cindy B. (cbenedic@prairie.nodak.edu)
Mon, 6 May 1996 18:25:35 -0500 (CDT)


[ Despite something of an inclination to "nip in the bud" a debate that
seems to have the potential to become a flame war, I think in this
case it might be best to let there be some respectful discussion here
on NATIVE-L for a few days, since it seems there are spokespersons
for two clearly articulated points of view on this subject, and we
could all learn from hearing both sides say what they have to say.
I will, therefore, permit a brief exchange on the NATIVE-L list, but
I would ask that both sides try to refrain from hyperbole and all
forms of ad hominem attack (phrases such as "bleeding us dry" seem
unnecessary, for example, when they can be read as innuendo applying
to the Six Nations as the source of the problem, whether or not such
was the intent of using the phrase). It would seem useful to get some
simple statements about the content of applicable treaties and other
agreements and understandings, as well as a brief history of disputes
in this matter over the years.

If anyone simply wants to express a personal opinion, please use the
NATCHAT list for that purpose. If, however, you have some useful
factual material, or can help us understand what each side feels and
why, please feel free to post a followup. Thanks. --Gary ]

wasicuwin@aol.com writes:

> Other individuals in New York State who must make up the shortfall
> by paying higher taxes on everything are putting pressure on government to
> preserve services and education but to stop bleeding us dry. This was not
> pointed out and is an important factor in the negotiations. There are, in
> addition, a number of cases in which the benefits of these tax free sales
> are going not to the tribe but into the pockets of individuals who just
> happen to be Indian. In some cases, tribally owned businesses are trying to
> work out agreements.

SANDY SANDY SANDY....

You are missing the boat in its entirety....
NY has no business interfering with the enterprises of any
reservation...And most of all the NY fiscal problems cannot be blamed on
Indians or the way they conduct their business.
Any individual business on the reservation that is trying to negotiate
anything to do with the tax issues is doing so out of ignorance. Our
treaties will speak for themselves. Why doesn't NY instill their own tax
on people in other countries?-EHh? We should not be taxed by NY on
anything. Our nations should not be the scapegoat of New York's tax
problems. Free enterprise and the right to it is a right-for US citizens
and for Native people. Your comments represent a major problem with the
unity in this fight. You have to view the entire picture, my dear.

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Comments from NativeNet listowner, Gary Trujillo (gst@gnosys.svle.ma.us):

The issue here should not be thought to be one of who is enduring what
kinds of hardships, but rather what laws and treaties actually apply.
More specifically, are purchasers of goods and services on reservations
within the boundaries of New York State supposed to be exempt from taxa-
tion on their purchases, or not? If they are not exempt, do people
operating businesses on the reservations recognize and accept that fact,
and have they made any arrangements to collect tax in the case of non-
exempt purchasers, or is their position that the matter is between the
purchasers and New York State? If such is their position, have they
offered any suggestions as to how the state can assert its authority to
collect the tax owed it?

Cindy has said that Governor Pataki is preparing to violate solemn treaties.
Perhaps she could tell us more about the provisions of these treaties with
regard to the matter of taxation, and something of the history of this
matter - whether it has been the subject of ongoing dispute historically or
whether the present situation is without precedent. Are all Indian people
in the state supporting the Six Nations in this struggle - and are people
on the reservation unified in this matter, or are there recognizable factions?

I think we have at this point only a very sketchy account of what would seem
to be an important matter, but hardly enough information on which to base a
well-informed opinion.