MATTER OF NEW YORK ASSOCIATION OF CONVENIENCE STORES v. URBACH


275 A.D.2d 520 (2000)

712 N.Y.S.2d 220

In the Matter of NEW YORK ASSOCIATION OF CONVENIENCE STORES et al., Appellants, v. MICHAEL H. URBACH, as Commissioner of the Department of Taxation and Finance of the State of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided August 3, 2000.


Crew III, J. P.

This litigation arises out of the sale of tobacco and fuel products by Indian retailers to non-Indians on Indian reservations. Tax Law articles 12-A, 20 and 28 impose sales and excise taxes on tobacco and motor fuel sold within this State. While Federal law forbids collection of these taxes on goods sold on Indian reservations to enrolled tribal members (see, Moe v Salish & Kootenai Tribes,

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