
Originally Posted by
jaewing
I would fight this.
First of all you should not have to prove a negative (that you didn't order cigars) by providing invoices of your purchases. They should have to prove that a tobacco purchase was made and that such a purchase was subject to a tax and that you failed to pay that tax.
Second, unless Thompsons (or any other online retailer) sent them copies of all of your purchases there would be no way to prove that you had actually purchased tobacco since most of these online stores sell non-tobacco products as well. Basing the tax on the weight of the package is pure BS . . . I knew I should not have ordered that marble ashtray.
Third there is a statute of limitation in most states for collection of taxes. I am not a tax attorney but I believe that here in the Tobacco Nazi Regime of California it is 10 years from the assessment of the tax.
I would be very interested to see where this goes.
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