Internet Sales Tax Killed [CNN]

[Jim Choate]

Note that I've added a few comments/notes between the supplied quoted
sections. As always I've deleted for brevity.

Forwarded message:

> X-within-URL: http://www.cnn.com/ALLPOLITICS/stories/1998/10/02/internet.tax.ap/

>    By CURT ANDERSON
>    AP Tax Writer
>    
>    WASHINGTON (AP) Legislation allowing states to force mail order and
>    Internet businesses to collect sales taxes failed in the Senate Friday
>    as debate began on how to tax cyberspace commerce.
>    
>    Senators voted 65-30 to table, or kill, an amendment authorizing any
>    state to require companies with significant catalog, mail order or
>    Internet sales to collect their sales tax and send it back to the
>    state.
>    
>    The sponsor, Sen. Dale Bumpers, noted that every business operating in
>    a state with a sales tax must already collect and remit the revenue.
>    He said the amendment effectively would reverse a 1992 Supreme Court
>    decision preventing states from enforcing sales taxes on companies
>    located outside their borders.

Section 8.  The Congress shall have Power      To lay and collect Taxes, 
Duties, Imposts and Excises, to pay the Debts and provide for the common 
Defence and general Welfare of the United States; but all Duties, Imposts 
and Excises shall be uniform throughout the United States; 

	No Tax or Duty shall be laid on Articles exported from any State. 

(Note that it doesn't say "Congress shall make no law..." but rather is an
absolute prohibition of taxes/duties on exports of states. It therefore
falls under the "prohibited" clause of the 10th.)

>    "If they choose to have a sales tax, the federal government should
>    allow them to enforce it," said Bumpers, D-Ark.
>    
>    Opponents, however, called the measure a hidden tax increase and were
>    able easily to defeat it for the sixth straight year.
>    
>    "Since this tax has never been collected, there's only one way to view
>    it," said Commerce Committee Chairman John McCain, R-Ariz.

As unconstitutional.

[remainder deleted]


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