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  • Amazon joins Walmart in push for online sales tax

    Congressmen in both parties want you to pay more taxes on your online purchases, and once again, big business is lobbying for bigger government, which would hurt Mom and Pop.

    Online sales taxes have been a battlefield for lobbying titans for years, pitting Walmart and the rest of the brick-and-mortar retail lobby against Amazon and other online retailers. But now Amazon has changed its business model and also its lobbying position, joining the rest of the retail giants in calling on Congress to aid states in collecting sales tax from online sales.

    Here’s the background:

    There is no federal sales tax. Almost all states charge sales taxes, and many counties, cities and towns do, too. The U.S. Supreme Court ruled in Quill v. North Dakota in 1992 that states could not collect sales taxes from a business that had no physical presence in the state.

    So if a Virginian orders a book online from a bookseller in Ohio, neither state can collect a sales tax. Virginia can’t force an Ohio business to calculate, collect and pay sales taxes for every state, county and town where it may have customers. Ohio, in turn, cannot collect sales taxes on a sale to Virginia.

    Technically, the Virginia buyer in this case is supposed to pay “use tax” to the Virginia government. But almost no taxpayers even know about the “use tax,” and state governments haven’t really tried to collect it. As a result, online sales are basically tax-free as long as the seller and the buyer are in different states.

    That’s one reason Amazon set up shop in Washington State, as opposed to California — that allows Amazon to sell its goods tax-free to the 98 percent of the U.S. population that lives outside the Evergreen State.

    As Amazon grew from an Internet bookstore to a dominant online shopping mall, its brick and mortar competitors found this tax advantage intolerable. For years, lobbyists from Walmart and the rest of the industry have been pushing Congress to pass a bill effectively overturning Quill’s requirement that a state can collect sales taxes only from in-state business.

    Walmart, for instance, has employed Republican operative Charlie Black as a lobbyist on the issue, according to disclosure forms filed by Black’s lobbying firm, Prime Policy Group. Black was an aide to presidents Ronald Reagan and George H. W. Bush plus a campaign adviser to George W. Bush and John McCain.

    Jonathan Mantz was a top Democratic fundraiser for years, and he served as deputy executive director of the Democratic Senatorial Campaign Committee. Today he is a lobbyist at BGR Group, where he lobbies the senators for whom he raised money. This year, Mantz has lobbied on online sales-tax legislation for the Retail Industry Leaders Association, according to RILA’s lobbying forms. RILA’s members include Kmart, Costco, Home Depot, Sam’s Club, Target and Ikea.

    The bipartisan lobbying effort has yielded fruit this year in the “Marketplace Fairness Act.” Under this bill, if you buy something online, you pay a sales tax. Retailers, meanwhile, will have to collect sales taxes for every state where they have customers, even if the retailer has no physical presence there.

    This is often how tax legislation gets passed: powerful interests hire revolving-door lobbyists to push for taxes on their clients’ competitors. For over a decade, such online sales-tax bills have faltered in Congress, largely because they had a powerful opponent in Amazon.

    But this year, Amazon switched teams, joining Walmart on the pro-tax side — not out of some newfound concern for “marketplace fairness,” but because Amazon’s business model is changing in such a way that now Amazon stands to benefit from this tax.

    In order to provide faster shipping, Amazon is building warehouses throughout the country. These warehouses constitute a “physical presence,” which requires them to collect sales taxes, in any event. So, if Amazon is going to have to collect sales taxes under the existing “physical presence” doctrine, it may as well try to expand online sales taxes to whack its smaller competitors who don’t have a 50-state network of giant warehouses.

    Full article: http://washingtonexa … -tax/article/2503738


  • Court Upholds Domestic Drone Use in Arrest of American Citizen

    A North Dakota court has preliminarily upheld the first-ever use of an unmanned drone to assist in the arrest of an American citizen.

    A judge denied a request to dismiss charges Wednesday against Rodney Brossart, a man arrested last year after a 16-hour standoff with police at his Lakota, N.D., ranch. Brossart’s lawyer argued that law enforcement’s “warrantless use of [an] unmanned military-like surveillance aircraft” and “outrageous governmental conduct” warranted dismissal of the case, according to court documents obtained by U.S. News.

    District Judge Joel Medd wrote that “there was no improper use of an unmanned aerial vehicle” and that the drone “appears to have had no bearing on these charges being contested here,” according to the documents.

    Court records state that last June, six cows wandered onto Brossart’s 3,000 acre farm, about 60 miles west of Grand Forks. Brossart allegedly refused to return the cows, which led to a long, armed standoff with the Grand Forks police department. At some point during the standoff, Homeland Security, through an agreement with local police, offered up the use of an unmanned predator drone, which “was used for surveillance,” according to the court documents.

    Full article: http://www.usnews.co … -of-american-citizen


  • House passes bill eliminating Senate confirmation for presidential appointees

    UPDATE: The House passed the legislation Tuesday night by a vote of 261-116. The bill now goes to President Obama’s desk for his signature.

    The House of Representatives is set to consider legislation Tuesday that would exempt certain presidential appointees from having to be confirmed by the Senate.

    But a number of conservative groups are arguing that the “Presidential Efficiency and Streamlining Act” amounts to Congress neutering itself and giving the executive branch unprecedented power.

    Presidential appointees that would no longer require Senate confirmation under the legislation include the treasurer of the United States and the deputy administrator of the Federal Aviation Administration.

    “The United States Constitution does not bestow kingly powers on the President to appoint the senior officers of the government with no process,” wrote Thomas McClusky, the senior vice president for the Family Research Council’s legislative arm, in a Monday memo to lawmakers.

    Sources told The Daily Caller that there is concern in the ranks among conservatives opposed to the legislation that House leaders will bring the legislation up for a voice vote to avoid putting members on the record.

    “I can tell you that there will be members who want this vote on the record,” an aide to one conservative member told TheDC. “Whether or not they’ll get the chance is still in question.”

    “If the Senate wants to streamline the process, it should eliminate some of the administration’s positions,” McClusky wrote.

    The legislation, sponsored by New York Democratic Sen. Chuck Schumer, passed the Senate in June 2011, with 20 Republicans voting against it. The Senate bill has 17 co-sponsors, including both Democratic Senate Majority Leader Harry Reid and Republican Minority Leader Mitch McConnell.

    McClusky of FRC Action estimated in his memo that “thousands of positions would be filled by the President without any Senate vetting.”

    The legislation would affect appointments across the executive branch, including to the Defense, Homeland Security and Justice departments.

    Referencing the Obama administration, McClusky wrote that, “In an administration that’s already circumvented Congress with dozens of controversial ‘czars’ this would mean even less accountability for the White House.”

    Full article: http://dailycaller.c … idential-appointees/