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gotbeer

Supreme Court decision of the day

320 posts in this topic

48 minutes ago, gotbeer said:

If you're one of the liberal justices, you want to be really careful when you fight this battle and set SCOTUS precedent. If you think the case or the justices are a losing proposition. Apparently the conservative justices are being cautious as well though the status quo clearly benefits the Republicans. 

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5 minutes ago, gotbeer said:

First Amendment victory is Florida man's second at Supreme Court

Well, public meetings just became more difficult and shit shows.

It seems a pretty narrow ruling since the litigant would have to prove that the officials "were out to get them". Though in Mr. Lozman's case, it's pretty clear that they were in fact out to get him. Even the justices said as much during the oral arguments.

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i'll bet this guy has been a major PITA and the florida folks had just simply had enough.

nevertheless, good to see justice prevailed and that they city can't just do what they want.

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2 hours ago, Blarg said:

They should have tarred and feathered him then run him out on a rail. Damn pansy Floridians. 

he'll probably do that to himself after his next meth binging session.

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2 minutes ago, mtangelsfan said:

Yes it sucks to pay taxes but it seems to me that states have the right to collect their sales tax.

Personally I think they have it backwards.   I don't think it should be the buyers location that determines sales tax but the sellers location.  Rational being, if I buy a car, and go the San Bernardino.  I pay those rates.  Los Angeles has no right to say I have to pay their higher rates just because I live there.  Same could be said if I go to Vegas to buy stuff at the outlet.  So the argument IMO is not that the retailers are coming to the customer virtually, but that just like brick and mortars, the customer is going to the retailers virtually

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28 minutes ago, gotbeer said:

Personally I think they have it backwards.   I don't think it should be the buyers location that determines sales tax but the sellers location.  Rational being, if I buy a car, and go the San Bernardino.  I pay those rates.  Los Angeles has no right to say I have to pay their higher rates just because I live there.  Same could be said if I go to Vegas to buy stuff at the outlet.  So the argument IMO is not that the retailers are coming to the customer virtually, but that just like brick and mortars, the customer is going to the retailers virtually

 

If it worked that way, every online retailer in the country would instantly move their HQ to Texas.

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8 minutes ago, Make Angels Great Again said:

If it worked that way, every online retailer in the country would instantly move their HQ to Texas.

But Texas is the 2nd most populated state in the country. That is a lot of customers that would be forced to pay it. They would probably move to Montana. No sales tax. Nobody of any worth to worry about not selling to.

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41 minutes ago, gotbeer said:

Personally I think they have it backwards.   I don't think it should be the buyers location that determines sales tax but the sellers location.  Rational being, if I buy a car, and go the San Bernardino.  I pay those rates.  Los Angeles has no right to say I have to pay their higher rates just because I live there.  Same could be said if I go to Vegas to buy stuff at the outlet.  So the argument IMO is not that the retailers are coming to the customer virtually, but that just like brick and mortars, the customer is going to the retailers virtually

But the real issue is the loss of tax revenue in the areas where the buyers live.  

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18 minutes ago, Thomas said:

But Texas is the 2nd most populated state in the country. That is a lot of customers that would be forced to pay it. They would probably move to Montana. No sales tax. Nobody of any worth to worry about not selling to.

 

Whoops! I mixed up Texas as being no sales tax, when it's a no income tax state.

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Just now, mtangelsfan said:

But the real issue is the loss of tax revenue in the areas where the buyers live.  

So what about the loss of tax revenues where the businesses are at?  Online retailers are at somewhere.  That they are at a state where it's business friendly should not penalize those states.  

Again my argument is buyers go to locations to buy.  You go to a brick and mortar to buy.   I go to websites to buy.  Websites do not come to me like a door to door salesman to buy.  So it should be that just like brick and mortars, I pay the sales tax as if I am at their location.  My interpretation is just like a brick and mortar.  I am virtually AT the online retailers location.  Not the online retailers location AT my door.  

What really this decision opened up was a total shitshow that will be occuring for online sales now.   I can actually now see retailers blocking sales to certain states depending on how states respond.  The accounting of collecting sales tax for every single city, in California or any states case, is reason enough to hesitate on sales for most small businesses and probably medium businesses.  Would it be worth it to sell 10,000 units of an item, making $2 a unit online, to 200 different cities with varying different tax rates in California.  And having to fill out forms and pay taxes to each, if you are a small or medium online retailer?  Or does it make sense to pay taxes on all sales, regardless of online or brick and mortar to the location of the retailer?  

And if you say no, it will be a flat California tax rate.  Then you really contradicted your response of loss of tax revenue in the areas where the buyers live.  Because cities get a lot of revenue from local taxes added to sales tax.  

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