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To: Spktyr
The smart thing for Apple to do is pull all Apple Stores and facilities out of NJ and tell NJ to try to collect it when they have no standing.

They'd have to cut all ties with banks and financial institutions with a physical presence in NJ as well. In California they extract money from out of state businesses by slapping a court order a local bank branch if the out of state business has any money with that bank. California takes a huge block of money out of their account, far in excess of the amount they believe they are owed, and makes the business fight for their money back.

Article I, Section 8, Clause 3 of the United States Constitution says that only the federal government has the power to tax interstate commerce. How California gets around this is by calling it a "use" tax. If you use something bought out of state you owe a use tax equal to the sales tax. Gimmicks like this should be tossed by the courts.

66 posted on 10/07/2006 8:37:49 AM PDT by Reeses
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To: Reeses
They'd have to cut all ties with banks and financial institutions with a physical presence in NJ as well. In California they extract money from out of state businesses by slapping a court order a local bank branch if the out of state business has any money with that bank. California takes a huge block of money out of their account, far in excess of the amount they believe they are owed, and makes the business fight for their money back.

CA will figure a way to take money, especially when they don't deserve, or for that matter, have any right to that money. I received a small inheritance from an uncle who died in CA. CA withheld a substantial amount as "income tax." Of course, as someone who did not earn anything in the state of CA (or for that matter, never even visited the state), I wasn't liable for income tax and shouldn't have to pay a cent. Well, of course, I had a refund coming, but I had to file a CA income tax return, which added an additional charge to my H&R Block bill.

But they got to hold on to the money for nearly a year, and I never had a chance to not pay.

Mark

80 posted on 10/07/2006 10:43:00 AM PDT by MarkL (When Kaylee says "No power in the `verse can stop me," it's cute. When River says it, it's scary!)
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