Re: Rockauto /E commerce Saga - Saab General Bulletin Board - Saabnet.com


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Re: Rockauto /E commerce Saga

Posted by JerseySaab [Email] (#666) [Profile/Gallery] (more from JerseySaab) on Wed, 30 Oct 2019 15:23:48 Share Post by Email
In Reply to: Re: Rockauto /E commerce Saga, cheaptech [Profile/Gallery] , Wed, 30 Oct 2019 14:55:21
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Yes, people forget that the Supreme Court has no enforcement authority and court rulings are not legislation.

As far as I know one state cannot enforce its laws against people in another state unless there is some kind of reciprocal agreement/treaty which, in this case, would permit Rockauto's home state (Wisconsin) to enforce collection of Colorado's sales tax. (States are not permitted to enter into such agreements except with the consent of Congress per Article 1, Section 10, Paragraph 3 of the federal Constitution. I don't know if any such consent and agreements have come about.)

So unless there is some interstate agreement, or federal legislation authorizing the feds to enforce these taxes, it seems to me that Rockauto could tell Colorado to go pound sand and there would not be much they could do about it.

As far as not being permitted to ship into Colorado, if Rockauto ships via the Postal Service any attempt by that state to inferfere with deliveries would be a federal crime.

FWIW, I briefly spoke to an attorney friend about this and he said that all the state imposing the sales tax could do would be to go after the purchaser for use tax.



->Posting last edited on Wed, 30 Oct 2019 20:15:39.
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