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To: pansgold

Apparently you refer to the misperception that the U.S. Constitution prohibits states from taxing Internet sales.
States have the power to tax their residents, even when the seller is located outside of the state and has no real connection with the state. What the Constitution restricts is the state’s ability to require an out-of-state seller to collect the tax. While the purchaser is still generally responsible for paying it, the rate of purchaser compliance is low. My point was that states will be more aggressive in finding ways to capture the use taxes that are going uncollected. The key issue is “nexus” and in the tangled legal evolution of Due Process and Commerce Clauses.


51 posted on 09/14/2012 8:54:31 PM PDT by bigbob
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To: bigbob

Apparently the lawyers and judges do. The Constitution was written in language the common man could understand.

Please allow me to diagram.

“No Tax or Duty shall be laid on Articles exported from any State.” - Article I, Section 9, Clause 5, U.S. Constitution

“No tax” sales tax IS a tax.
“shall be laid” added to the price of the item.
“on Articles” stuff bought online are articles.
“exported from any state” shipped across one’s state borders into another state.

“.” no exceptions.

A tax is a tax.


52 posted on 09/14/2012 9:00:26 PM PDT by pansgold
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