· 10/4/2023
Parris J. v. Christopher U.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where “the legal incidence of California’s cigarette tax falls on the non-Indian consumers of cigarettes purchased from respondent’s smoke shop, [the State has the right to] require [the smokeshop] to collect the tax on [the State’s] behalf.”
- noting that ques tion of tribal sovereign immunity is jurisdictional in nature
- noting that question of tribal sovereign immunity is jurisdictional in nature
- “[Section] 30107 clearly seems to place on consumers the obligation to pay the tax for all previously untaxed cigarettes.” (citation omitted)
- state could require Indian tribe to collect cigarette taxes from non-Indian purchasers at reservation shops and remit to state only if legal incidence of tax was on non-Indian purchasers
- “Since time immemorial, the Chemehuevi Indian Tribe has resided in the Chemehuevi Valley ... in the area that is now part of the Chemehuevi Indian Reservation.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.