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To: CharlesWayneCT; Sunshine Sister

Still peddling your Shillery I see!

Use taxes on out of state purchases are unlawful extortion of a tax on interstate commerce.

Any other POV is pure socialist posturing.


27 posted on 03/09/2011 8:09:39 PM PST by editor-surveyor (Going 'EGYPT' - 2012!)
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To: editor-surveyor

Unless you can cite a single court case to back up your assertion, or even a nice law review article written by someone who actually knows something, your assertion is simply your unsupported opinion.

On my side, I have the knowledge that this tax has been implemented by 45 states, some since the 1930s, and nobody has EVER been able to successfully make the argument you insist is correct.

Of course, this is because your statement of the facts is incorrect — the use tax is NOT a tax on interstate commerce. It is part of the sales tax, which is a tax on the citizens of a state based on their ability to buy things, from WHATEVER source they buy them.

If you buy something out of state, and use it out of state, you won’t owe a tax. You owe a tax on things you buy that end up in your house. Makes no difference where they came from, and there is no difference between goods bought in and out of state, and therefore it is not a tax based on “interstate commerce”.

Relevant Constitutional quote: “No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports,”

Interesting oddity of the constitution in a similar circumstance: “The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”

In repealing the ban on alchohol, the amendment set up liquor as the one item that a state has absolute power to control as an import, and the federal government can’t do anything about it. So states can ban companies outside the state from importing alcohol, giving their local manufacturers a monopoly in the state.

And if a resident of a state drives alcohol over state lines in violation of a state law, they are commiting a “constitutional crime”. Note that the amendment doesn’t prohibit writing a LAW, it prohibits an ACTION, without limiting who is prohibited from that action. A rather sloppy wording.

Anyway, you should report your out-of-state purchases to your state, and refuse to pay, and see how that constitutional interpretation of yours works out.


30 posted on 03/09/2011 8:31:46 PM PST by CharlesWayneCT
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