Tuesday, April 28, 2009

Letters to the Editor, The Sun-Sentinel

April 27, 2009

Letters to the Editor
The Sun-Sentinel
200 East Las Olas Boulevard
Fort Lauderdale, Florida 33301

RE: “Fairness”, the taxing of sales made on the Internet, and the Law

Sirs,

“I won’t tax thee,
You don’t tax me.
Let’s tax that fellow behind the tree.”

You say that it is “unfair” not to allow Florida to tax sales made on the Internet. If it is “unfair” for Florida to miss out on the sales tax revenue from a product made in New Jersey why shouldn’t New Jersey be able to tax it also? Are you saying if I use the Internet to buy some Soprano memorabilia I should, in the interest of “fairness”, pay taxes to both states?

Why not let every state the package passes through tax it also?

Is that your idea of a stimulus program?

The question of states taxing transactions made in other states has been asked and answered by the Supreme Court of the United States. The case is Gibbons v Ogden. It may well be time for the Court to revisit the matter. Until it does it is the Law of the Land. No state may tax the transaction of any other state.

Protestations of “fairness”, “unfairness”, and revenue shortfalls notwithstanding, the last sentence is unambiguous. Your problem is with the Law. The solution is simple; Change the law. Until it is changed obey it.

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