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Idaho Court Looking at Reservation Cigarette Sales

BOISE, Idaho (AP) — The Idaho Supreme Court is considering whether Native America retailers that sell cigarettes to other Native American retailers must obtain Idaho state tax stamps.

The high court heard arguments Monday in the case between Native Wholesale Supply Co., which operates on the Seneca Reservation in New York, and Warpath Inc., which operates on the Coeur d’Alene reservation.

The Spokesman-Review reports that an attorney for Native Wholesale Supply does not sell to Idaho consumers. But Deputy Attorney General Brett DeLange told the justices that cigarettes must be approved for sale by the state before they can be sold.

Retired Justice Linda Copple-Trout, who is sitting in the case, said there isn’t a limitation on who ultimately ends up with the cigarettes. Justice Joel Horton said his reading of Idaho’s tax stamp law indicates it doesn’t apply to reservation sales.

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