I don't know why you pinged me with that reply, but if you want to talk "unconstitutional" you might find this ineresting:
`SEC. 703. GOVERNMENT PURCHASES.
`(a) GOVERNMENT PURCHASES-
`(1) PURCHASES BY THE FEDERAL GOVERNMENT- Purchases by the Federal Government of taxable property and services shall be subject to the tax imposed by section 101.
`(2) PURCHASE BY STATE GOVERNMENTS AND THEIR POLITICAL SUBDIVISIONS- Purchases by State governments and their political subdivisions of taxable property and services shall be subject to the tax imposed by section 101.
`(b) CROSS REFERENCES-
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DIVISION OF RESEARCH AND ANALYSIS
SUMMARY OF TAX EXEMPTION DEVICES 2001
SALES AND USE TAX
(continued)
EXEMPTIONS FOR GOVERNMENT AGENCIES AND NONPROFIT ORGANIZATIONS
Sales to the Federal Government and Its Agencies
Sales of goods and services to the federal government or to any of its incorporated or unincorporated agencies or instrumentalities are exempt from the sales tax. Taxing purchases by the federal government would violate the U.S. Constitution, so the fiscal effect of this exemption has not been estimated.
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Government Activities:
A state may not tax the federal government, or another state government, that does not prevent the federal government from taxing its own agencies and creations.