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Court stops NYC suit vs. online cigarette vendor

Categories:
· Tobacco control
International:
· USA
Source:http://www.washingtonpost.com/,2010-01-28
The Supreme Court has ruled against New York City in its effort to use federal racketeering law to sue Internet cigarette sellers for lost tax revenue.

By a 5-3 vote Monday, the court ended the city's lawsuit against Hemi Group, a New Mexico-based company that sells cigarettes online.

New York taxes the possession of cigarettes but finds it difficult to collect those taxes from Internet sales. The city says it loses millions of dollars in tax revenues from online sales.

Sellers like Hemi are not required to charge or collect the taxes, but they are supposed to provide information about their customers to states.

New York's lawsuit under the Racketeer Influenced and Corrupt Organizations Act accused Hemi of fraud for failing to provide the customer information.
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The court said Monday that the city cannot use the racketeering law to collect tobacco taxes from Hemi.

Chief Justice John Roberts and Justices Samuel Alito, Ruth Bader Ginsburg, Antonin Scalia and Clarence Thomas formed the majority.

Justice Sonia Sotomayor did not take part in the case because it came from the federal appeals court in New York on which she served before her elevation to the high court.

Tobacco Hot news and Information...

Tobacco trial could take months >>>
Source: http://www.timesunion.com/,2010-09-07
  A billion-dollar tobacco-related trial is scheduled to open in St. Louis in January, and court officials have begun the process of finding jurors. It isn't easy — the trial could take six to seven months.
NY cigarette tax plans raise reservation tensions >>>
Source: http://www.timesunion.com/,2010-09-03
  As New York Indian Nation leaders battle in courtrooms to preserve their tax-free cigarette market, tensions are rising on reservations, where the state's renewed efforts to tax sales to non-Native customers is viewed as yet another attack on Native American rights.
New Study Confirms $1 Cigarette Tax Increase Will Produce Large, Sustained Revenue Needed to Cut North Carolina Budget Deficit >>>
Source: http://www.sunherald.com/,2010-05-20
  As the legislative session begins, a report released today by a tobacco policy expert at the University of Illinois at Chicago confirms that a significant cigarette tax increase in North Carolina will produce a large, sustained increase in state tobacco tax revenues. Several states, including South Carolina, have recently raised tobacco taxes to deal with budget shortfalls.

 

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