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Question of sales tax on online purchases goes to high court
Legal News |
2018/04/15 19:36
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Online shoppers have gotten used to seeing that line on checkout screens before they click "purchase." But a case before the Supreme Court could change that.
At issue is a rule stemming from two, decades-old Supreme Court cases: If a business is shipping to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax.
That means large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from customers who buy from them online. But other online sellers, from 1-800 Contacts to home goods site Wayfair, can often sidestep charging the tax.
More than 40 states are asking the Supreme Court to reconsider that rule in a case being argued Tuesday. They say they're losing out on "billions of dollars in tax revenue each year, requiring cuts to critical government programs" and that their losses compound as online shopping grows. But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.
Large retailers want all businesses to "be playing by the same set of rules," said Deborah White, the president of the litigation arm of the Retail Industry Leaders Association, which represents more than 70 of America's largest retailers.
For years, the issue of whether out-of-state sellers should collect sales tax had to do mostly with one company: Amazon.com. The online giant is said to account for more than 40 percent of U.S. online retail sales. But as Amazon has grown, dotting the country with warehouses, it has had to charge sales tax in more and more places.
President Donald Trump has slammed the company, accusing it of paying "little or no taxes" to state and local governments. But since 2017, Amazon has been collecting sales tax in every state that charges it. Third-party sellers that use Amazon to sell products make their own tax collection decisions, however.
The case now before the Supreme Court could affect those third-party Amazon sellers and many other sellers that don't collect taxes in all states — sellers such as jewelry website Blue Nile, pet products site Chewy.com, clothing retailer L.L. Bean, electronics retailer Newegg and internet retailer Overstock.com. Sellers on eBay and Etsy, which provide platforms for smaller sellers, also don't collect sales tax nationwide.
States generally require consumers who weren't charged sales tax on a purchase to pay it themselves, often through self-reporting on their income tax returns. But states have found that only about 1 percent to 2 percent actually pay. |
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Supreme Court again refuses to hear Blagojevich appeal
Legal News |
2018/04/14 19:36
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The Supreme Court for the second time has refused to hear an appeal by imprisoned former Illinois Gov. Rod Blagojevich of his corruption convictions.
The justices didn't comment Monday in letting stand the convictions and 14-year prison term the 61-year-old is serving. His scheduled release date is 2024.
Blagojevich's lawyers had wanted the high court to take up his case to make clear what constitutes illegal political fundraising. They argued that politicians are vulnerable to prosecution because the line between what's allowed and what's illegal is blurry.
His convictions included trying to extort a children's hospital for contributions and seeking to trade an appointment to the Senate seat Barack Obama vacated when he was elected president for campaign cash. The court also refused to hear his 2016 appeal.
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Facebook to stop spending against California privacy effort
Legal News |
2018/04/12 09:31
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Facebook says it will stop spending money to fight a proposed California ballot initiative aimed at giving consumers more control over their data.
The measure, known as the "California Consumer Privacy Act," would require companies to disclose upon request what types of personal information they collect about someone and whether they've sold it. It also would allow customers to opt out of having their data sold.
The company made the announcement Wednesday as chief executive Mark Zuckerberg underwent questioning from Congress about the handling of user data.
Pressure has mounted on Facebook to explain its privacy controls following revelations that a Republican-linked firm conducted widespread data harvesting.
Facebook had donated $200,000 to a committee opposing the initiative in California - part of a $1 million effort by tech giants to keep it off the November ballot.
Facebook said it ended its support "to focus our efforts on supporting reasonable privacy measures in California."
Proponents of the ballot measure applauded the move.
"We are thrilled," said Mary Ross, president of Californians for Consumer Privacy.
The California Chamber of Commerce and other groups are fighting to keep the measure off the ballot through the "Committee to Protect California Jobs." Google, AT&T, Verizon and Comcast also contributed $200,000 each to that effort in February.
Committee spokesman Steve Maviglio said the measure would hurt the California economy.
"It is unworkable and requires the internet in California to operate differently - limiting our choices, hurting our businesses, and cutting our connection to the global economy," he said. |
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Court: Teen accused in school shooting plot deserves bail
Legal News |
2018/04/10 18:32
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school should not be kept in jail pending his trial.
The state's top court ruled on Wednesday that there's not enough evidence to show 18-year-old Jack Sawyer, of Poultney, attempted a crime, only that he prepared to commit one.
The decision reverses a lower-court order that Sawyer be held without bail.
An attorney for Sawyer had argued that while the teen made preparations for a shooting at Fair Haven Union High School he didn't take any concrete steps that under state law would justify charges including attempted aggravated murder, which allows a judge to reject bail.
Court documents say Sawyer had planned to carry out the attack last month. Sawyer has pleaded not guilty.
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Arizona court to hear arguments on immigrant tuition case
Legal News |
2018/04/02 04:19
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The Arizona Supreme Court will hear arguments on whether young immigrants granted deferred deportation status under a program started by former President Barack Obama are eligible for lower in-state college tuition.
The hearing is set for Monday after the justices agreed in February to consider an appeal by the Maricopa County Community Colleges District, which won an initial ruling in 2015 that was overturned in June by the state Court of Appeals.
The Court of Appeals ruling said the 2012 Deferred Action for Childhood Arrivals program known as DACA did not confer legal status and each state can decide on optional benefits for DACA recipients.
Arizona law bars public benefits such as in-state tuition for students without legal status. Pima Community College and a teachers union support the Maricopa County district's appeal. |
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