Join        Login             Stock Quote

Gas stations sue over Indian tax breaks

Monday, February 7, 2011 1:35 PM

The Automotive United Trades Organization's suit aims to stop the state from paying the tribes refunds on the gas tax, Seattlepi.com reports. Tribal members are exempt from the tax at reservation stations, but AUTO says the state is issuing refunds for taxes that tribes didn't pay.

The lawsuit asserts the payments let tribal gas stations sell fuel cheaper, "in the range of 5 cents or more per gallon," creating unfair competition. It also argues the payments violate the state Constitution, which reserves the fuel tax "exclusively for highway purposes."

A county judge dismissed the case Friday since tribes cannot be sued in state or federal court. The state said tribes are "indispensable parties" to the dispute, so the issue cannot be fairly considered without them.

AUTO's lawyers say that argument creates an impossible bind, and they plan to appeal to the state Supreme Court.

"From a legal standpoint, it still boggles my mind," said Phil Talmadge, one of AUTO's attorneys and a former state Supreme Court justice.

(Source: UPI )
(Source: Quotemedia)


Fundamental data is provided by Zacks Investment Research, and Commentary, news and Press Releases provided by YellowBrix and Quotemedia.
All information provided "as is" for informational purposes only, not intended for trading purposes or advice. iStockAnalyst.com is not an investment adviser and does not provide, endorse or review any information or data contained herein.
The blog articles are opinions by respective blogger. By using this site you are agreeing to terms and conditions posted on respective bloggers' website.
The postings/comments on the site may or may not be from reliable sources. Neither iStockAnalyst nor any of its independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. You are solely responsible for the investment decisions made by you and the consequences resulting therefrom. By accessing the iStockAnalyst.com site, you agree not to redistribute the information found therein.
The sector scan is based on 15-30 minutes delayed data. The Pattern scan is based on EOD data.