Grand River Six Nations Enterprises Ltd. v. Boughton Cert Petition

Here:

GRE Six Nations Cert Petition

Questions presented:

1. Whether Connecticut impermissibly regulates or controls conduct beyond the boundaries of the State in violation of the dormant Commerce Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors doing no business in Connecticut and having no nexus with Connecticut.

2. Whether Connecticut violates Due Process protections when it bans a manufacturer’s products from being sold in the state, if the manufacturer fails to obtain and provide to Connecticut private sales and shipping information possessed by non-Connecticut distributors relating to their distribution of products in jurisdictions other than Connecticut.

3. Whether Connecticut violates the Supremacy Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors who conduct no business in Connecticut nor distribute the manufacturer’s products to, or in, Connecticut.

Lower court materials here.

Update:

Boughton BIO

Reply

Clay v. Commissioner of Internal Revenue [Federal Taxes on Gaming Per Capita Payments]

Here:

Cert Petition

Question presented:

The question presented is: Whether the clear language of Title 25 of the Code of Federal Regulations, and the exclusive authority over federally recognized Indian Tribes granted to the Secretary of Interior under 25 U.S.C. § 2, controls the determination of how the Miccosukee Tribe compensates its members for the use of their lands, to the exclusion of any other federal agency, including the Internal Revenue Service.

Lower court materials here.

California COA Rejects Allottees’ Claim to Tax Exemption from Riverside County

Here is the unpublished opinion in Albrecht v. County of Riverside:

Briefs:

Opening Brief

County Brief

Coachella Water District Brief

Desert Water Agency Brief

Reply

New York Appellate Division Concludes State Cannot Tax Unstamped Smokes Confiscated During an Illegal Search by Police

Here is the opinion in In the Matter of White v. State of New York Tax Appeals Tribunal (N.Y. A.D.):

530088_pdf

Michigan (“largely”) Prevails over Keweenaw Bay Indian Community on Sales and Use Taxes

Here are the updated materials in Keweenaw Bay Indian Community v. Khouri (W.D. Mich.):

317 Michigan MSJ

328 KBIC MSJ

365 Michigan Response to 328

370 KBIC Response to 317

376 Michigan Reply

377 KBIC Reply

421 DCT Order re State Prosecutions

422 DCT Order re Protective Order

423 DCT Order

Prior post here.

William Starna on the Tax Implications of the 1794 Treaty of Canadaigua

William A. Starna has published “The 1794 Treaty of Canandaigua and The Taxation of Native Americans” in Tax Notes Federal:

Tax Notes Federal 6-2021

Ninth Circuit Rejects Big Sandy’s Effort to Avoid State Cigarette Taxes

Here is the opinion in Big Sandy Rancheria Enterprises v. Bonta.

Briefs:

Big Sandy Opening Brief

California Brief

Reply

Lower court materials here.

Arizona COA Holds Federal Law Preempts State Taxes on Trust Land Improvements Regardless of Ownership

Here is the opinion in South Point Energy Center v. Arizona Dept. of Revenue.

Prior post here.

Connecticut SCT Decides Town of Ledyard v. WMS Gaming Inc.

Here:

Town of Ledyard v WMS Gaming

Briefs here.

Federal Court Dismisses Pala Band’s Challenge to State Motor Fuel Tax Collection Requirement

Here are the materials in Pala Band of Mission Indians v. Maduros (S.D. Cal.):

15 Second Amended Complaint

16-1 Motion to Dismiss

18 Response

19 Reply

21 DCT Order