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Andrew Hoffer is my fiance, there's one thread about his story already from the NY Post that someone put up. I wanted to put this CBS2 one up myself since it has a clickable link on the page to the video that aired on t.v. He's willing to type on here and answer any questions pertaining to the letter or whatever else. The public should know what's really going on, it's not about just the tax, that's not even the big issue. Please post comments of what you think about this story and questions are welcomed. Andy told me already he will come on here if anyone would want that. Thank you all for reading this. ~ concerned fiance of Andrew

http://cbsnewyork.com/topstories/topstoriesny_story_013111240.html

1 posted on 01/15/2005 11:55:07 AM PST by HoggerFox
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To: HoggerFox

Typical Govr rip offs.


2 posted on 01/15/2005 11:59:02 AM PST by zzen01
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To: HoggerFox

http://cbsnewyork.com/topstories/topstoriesny_story_013111240.html


3 posted on 01/15/2005 11:59:31 AM PST by petercooper (Liberalism = Idealism; Conservativism = Realism)
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To: HoggerFox

A CATO INSTITUTE study shows that NYC is the highest taxed local in the country (on tobacco). In addition, the study shows a correlation between tax increases and an increase in the black market sale of tobacco, as well as the rise of low-tax/no tax tobacco products being sold.

Here's a link:

http://www.cato.org/pub_display.php?pub_id=1327

Unfortunately, Kentucky's 'conservative' Republican Governor is getting ready to the same thing to pander to the anti-smoking lobby, and to paraphrase him and his allies in the General Assembly, this tax punishes only one group, smokers, and is designed to force them to stop smoking.

No thanks, even me, a non-smoker, is OK with someone making the personal decision of whether they want to smoke.

There should be a balance in tax policy, and a commitment to stop this liberal social engineering garbage that Republicans are falling victim to repeatedly, more and more.


4 posted on 01/15/2005 12:01:12 PM PST by pikecountyrepublican ("It is better to be feared than loved, if you cannot be both. - Machiavelli)
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To: HoggerFox; Just another Joe; Great Dane; Madame Dufarge; Gabz; MeeknMing; steve50; KS Flyover; ...
We were discussing this in great detail earlier:

N.Y. asks online cigarette buyers to cough up tax

5 posted on 01/15/2005 12:01:57 PM PST by SheLion (God bless our military members and keep them safe.)
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To: HoggerFox

6 posted on 01/15/2005 12:03:21 PM PST by SheLion (God bless our military members and keep them safe.)
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To: HoggerFox

“...and it's still the seller's responsibility to collect....”  

This is yet another slap in the face to our constitution.  Amendment XIII, Section 1 states:  “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in the United States, or any place subject to their jurisdiction.”  

Requiring that businesses collect sales tax is involuntary servitude.  The amendment doesn’t specify whether or not one gets paid for the “servitude” but I believe it makes the distinction when it addresses both slavery and servitude.  Why are we not adhering to our constitution?


7 posted on 01/15/2005 12:05:19 PM PST by SheLion (God bless our military members and keep them safe.)
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To: HoggerFox

I don’t understand the concept.  Smokers are using a product that if they didn’t use, the government would make NO money. The government raised the tax to a point where it was more attractive to buy elsewhere than pay the tax.  This is called free exchange of goods and services.  (Free enterprise).  There is no cheating here; this situation allows for no such thing as cheating.  If the price is too high, buy elsewhere.   

These people need to tell the state of New York to go to hell.  From what I understand, it is still illegal to tax internet sales unless the store has a physical location in your state.  When I make internet purchases of other goods there are no taxes unless there is a physical store in Kentucky.  

This is nothing but greed.


8 posted on 01/15/2005 12:06:01 PM PST by SheLion (God bless our military members and keep them safe.)
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To: HoggerFox

I'm so sorry for your fiance's predicament. On another thread I called it legalized mugging in NY. What are the bigger issues you mention?


9 posted on 01/15/2005 12:07:56 PM PST by Annie03
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To: HoggerFox
Welcome to FR. I sympathize with your fiance's plight. I have no sympathy for idiot libs and their stupid policies. They think that people will just pay their outrageous taxes and not change their behavior to avoid them.

Pardon my asking but do you plan to hang around and participate in FR in the future, or is this just a drive by to stir up sympathy for your cause?

10 posted on 01/15/2005 12:08:35 PM PST by OSHA (Moosenami - Waves of crazed moose thought to be caused by earthquakes deep under the fjords.)
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To: HoggerFox

Posted here also

http://www.freerepublic.com/focus/f-news/1319979/posts


11 posted on 01/15/2005 12:10:53 PM PST by politicalwit (Import poverty...hire an illegal today)
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To: HoggerFox

Honey, you elected the jerks running your city and state, now live with them. If you want to end this sort of insanity, vote the b@st@rds out.


13 posted on 01/15/2005 12:13:02 PM PST by Lunkhead_01
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To: HoggerFox

Sounes like the "use tax" sword that is hanging above many a head in sales tax states. While the City may have evidence of a purchase, can they prove delivery in the City or more importantly, can they prove consumption in the city? I would think the latter is the defense to use ... "since I smoked 'em in Jersey, I don't owe NYC nuttin." Besides, isn't it illegal to smoke in NYC? :)


16 posted on 01/15/2005 12:17:18 PM PST by NonValueAdded ("We're going to take things away from you on behalf of the common good" HRC 6/28/2004)
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To: HoggerFox

A lot of smokers said if they received this letter, they would just tear it up. To hell with them.


18 posted on 01/15/2005 12:19:05 PM PST by SheLion (God bless our military members and keep them safe.)
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To: HoggerFox
NYC: Smokers Who Buy Online Need To Pay Up City Enforcing Cigarette Tax Laws

Someone....ANYONE has to pay for the freewheeling and rampant spending of other peoples money in the name of personal political expediency! /s

34 posted on 01/15/2005 1:46:35 PM PST by EGPWS
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To: HoggerFox

RINO Mike "tax the hell outta ya" Bloomberg: "My priority after NYC was twice attacked by terror: I will do everything I possibly can to fight smoking." DIng Dong! Hellooo! I hate to see what this guy would do if terrorists set off a bio bomb "I am banning all fried foods!" Freggin` NYC is inundated by illegals and all this nut has concentrated on since day one is smoking. "Bloomberg! A tsunami just hit NYC!" "Ok, That`s it, I am banning candy! It`s bad for the teeth!!"


36 posted on 01/15/2005 2:07:44 PM PST by Imaverygooddriver (I`m a very good driver and I approve this message.)
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To: HoggerFox

New yorkers get the living hell taxed out of them, the highest local taxes in the country etc etc. yet every election, who do they vote for overwhelmingly? Democrats over and over and over. Who do they vote for as Senator? The most corrupt liberal in this country. This is like asking a crook to rob you then saying "Waah, why did you rob me?" Pure lunacy

The current NYC council....

Joseph P. Addabbo, Jr. 32 Queens Democrat
Tony Avella 19 Queens Democrat
Maria Baez 14 Bronx Democrat
Charles Barron 42 Brooklyn Democrat
Tracy L. Boyland 41 Brooklyn Democrat
Gale A. Brewer 6 Manhattan Democrat
Yvette D. Clarke 40 Brooklyn Democrat
Leroy G. Comrie, Jr. 27 Queens Democrat
Bill de Blasio 39 Brooklyn Democrat
Erik Martin Dilan 37 Brooklyn Democrat
Simcha Felder 44 Brooklyn Democrat
Lewis A. Fidler 46 Brooklyn Democrat
Helen D. Foster 16 Bronx Democrat
Dennis P. Gallagher 30 Queens Republican
James F. Gennaro 24 Queens Democrat
Vincent J. Gentile 43 Brooklyn Democrat
Alan J. Gerson 1 Manhattan Democrat
Eric N. Gioia 26 Queens Democrat
Sara M. Gonzalez 38 Brooklyn Democrat
Robert Jackson 7 Manhattan Democrat
Letitia James 35 Brooklyn Working Families
Allan W. Jennings, Jr. 28 Queens Democrat
Melinda R. Katz 29 Queens Democrat
G. Oliver Koppell 11 Bronx Democrat
Andrew J. Lanza 51 Staten Island Republican
John C. Liu 20 Queens Democrat
Margarita Lopez 2 Manhattan Democrat
Miguel Martinez 10 Manhattan Democrat
Michael E. McMahon 49 Staten Island Democrat
Gifford Miller 5 Manhattan Democrat
Hiram Monserrate 21 Queens Democrat
Eva S. Moskowitz 4 Manhattan Democrat
Michael C. Nelson 48 Brooklyn Democrat
James S. Oddo 50 Staten Island Republican
Annabel Palma 18 Bronx Democrat
Bill Perkins 9 Manhattan Democrat
Madeline T. Provenzano 13 Bronx Democrat
Christine C. Quinn 3 Manhattan Democrat
Domenic M. Recchia, Jr. 47 Brooklyn Democrat
Philip Reed 8 Manhattan Democrat
Diana Reyna 34 Brooklyn Democrat
Joel Rivera 15 Bronx Democrat
James Sanders, Jr. 31 Queens Democrat
Larry B. Seabrook 12 Bronx Democrat
Helen Sears 25 Queens Democrat
Kendall Stewart 45 Brooklyn Democrat
Peter F. Vallone, Jr. 22 Queens Democrat
Albert Vann 36 Brooklyn Democrat
David I. Weprin 23 Queens Democrat
David Yassky 33 Brooklyn Democrat


39 posted on 01/15/2005 2:18:47 PM PST by Imaverygooddriver (I`m a very good driver and I approve this message.)
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To: HoggerFox

This story is a prime example of anonymity being sacred. A good way to avoid oppressive government is to be anonymous. One must remember this every time someone wants your name, address, phone number, credit card, etc.


48 posted on 01/15/2005 4:34:55 PM PST by cougar_mccxxi
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To: HoggerFox
This is the height of arrogance why in the hell should smokers pony up even more money to a government that persecutes them more than Islamic fundamentalists or anti American Traitors undermining our nation at war?Not that I'm saying smokers are all wonderful people but their not partaking in an illegal activity that should be "fined" either.$7.50 a pack? I thought CA. was bad, as some comedian has already pointed out your only a couple bucks away from crack cocain prices there.
76 posted on 01/15/2005 9:11:33 PM PST by edchambers (Neocon foot-soldier of the Haliburton death squad)
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To: HoggerFox

Seems to me it's up to the State to prove delivery.

If the merchandise went up in smoke?


78 posted on 01/15/2005 9:15:21 PM PST by Happygal (liberalism - a narrow tribal outlook largely founded on class prejudice)
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To: HoggerFox; All

Look...there is not supposed to be internet taxes except from those businesses located in the same states as those who purchase from them. Your fiance needs to go to the local federal district court to get an injunction on collection until the case can be examined more closely...in court.

What if I lived in NYC and visited my relatives in the South and brought back a few cartons of smokes for my own use? NYC would claim I still owed the city tax on them...right? That's what the city is claiming in this case. I know there have been attempts by NY state and city to collect sale's taxes(or the difference theof) from those who go to Jersey to buy cheaper goods or services in the past. In this case NY City has raided the records of a defunct site way out of its jurisdiction looking for those of its citizens who may have purchased smokes.

They are way way out of bounds and need to be slapped down hard. The only question I have is whether or not NYC is argueing that the Cigarette tax is a separate category from a "sales tax", (therefore any carton of smokes bought from out of state over the internet and brought in to NYC is still subject to "cigarette" taxes though not a "sales" tax as forbidden by federal law)


88 posted on 01/16/2005 6:57:20 AM PST by mdmathis6
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