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Sunday, July 04, 2004

Fw: HAPPY HOLIDAY! Jail for Cigarettes ??

Sheldon (Shelly) Waxman,
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----- Original Message -----
From: "R. J. Tavel, J.D."
To: "Learning Electronically About Freedom mailing service"

Sent: Sunday, July 04, 2004 10:55 AM
Subject: HAPPY HOLIDAY! Jail for Cigarettes ??

> Hmmm.....I guess if you're going on a long trip to Michigan, don't take a
> lot of cigarettes from Indiana. But, I think it's interesting -- and
> informative -- that they'll enforce THIS law, but not the immigration
> laws. Also, wasn't there a US Supreme Court decision that said that tax
> 'avoidance' was not illegal, but that tax 'evasion' was illegal? I can't
> recall the citation of the case. Does anyone else have it?
> Robert Cole, State Coordinator, We The People Congress - Indiana Chapter
> https://givemeliberty.org/user/congress/state.aspx?state=in
> ******************************************
>
> Don't get caught bringing out-of-state cigarettes into Michigan
> http://www.woodtv.com/Global/story.asp?S=1993935&nav=0RceOQMA
> (Fremont, Indiana, July 2, 2004, 6:11 p.m.)
> One of the most talked about taxes in a long time has caused a little
> confusion.
>
> One pack, two packs, a carton...how many cigarettes can you bring into
> Michigan without breaking the law? 24 Hour News 8 went to Fremont,
Indiana
> in search of the answer...one that might surprise you.
>
> Cigarette stores are busy with people from Michigan trying to save money
on
> cigarettes. "I mean, you're looking at $5.55 for a tax stamp here versus
> $20 in Michigan," Charlotte Rodriguez, a store manager, told 24 Hour News
8.
>
> The problem is when you come back across the border. You still have to
pay
> the $2 tax on any pack of cigarettes that has an out-of-state stamp, plus
a
> $2 penalty, bringing the total to an extra $4 for one pack.
>
> The penalty gets worse if you start bringing cartons into Michigan.
>
> "Generally what we've done is we've allowed two cartons per person. Over
> that, they could be looking at a misdemeanor charge," says Branch County
> Prosecutor Kirk Kashian.
>
> State law says you can only bring over the border five cartons of
> cigarettes or less. If you bring between six and 14 cartons, you could
> face a misdemeanor charge and one year in jail or a $5,000 fine. Fifteen
> cartons or more and it's a felony, which leads to five years in jail and a
> $5,000 fine.
>
> "What we look at is the number of cigarettes that they have," says
> Kashian. "If they have more than 3,000 cigarettes, will we charge them
> with a felony? Yes."
>
> This brings up the question, will it be open season for prosecutors along
> state lines? Kashian says you won't see road blocks looking for illegal
> cigarettes but, "I mean, it is the law. We really don't have too much
> choice. If it's a blatant violation we will prosecute."
>
> State officials admit it's not easy finding people breaking the cigarette
> law. In the case on the tax on just one pack, it's actually done on the
> honor system. But the Treasury Department says avoiding the cigarette tax
> is just like avoiding property taxes or income taxes...it's still breaking
> the law. If you buy so-called tax-free cigarettes from the Internet,
those
> companies are required to report your purchase to the state. The state
> will then send you a bill for the taxes plus a penalty which could triple
> your original purchase price.
>

posted by FLoA # 7/04/2004 08:49:27 PM

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