A Taxing Decision?

The Second Circuit Court of Appeals upheld a lower court dismissal of a proposed class action suit over the charging of sales taxes at Dunkin’ Donuts shops in Manhattan. The District Court initially dismissed the case in part because the plaintiffs had not exhausted their administrative remedies, such as petitioning the Department of Taxation for…

Read More »

Beverage Industry Appeals Court Dismissal

As anticipated, the American Beverage Association and other plaintiffs have appealed the decision of the Court of Common Pleas dismissing the group’s legal challenge to the Philadelphia Beverage Tax. Philadelphia passed the 1.5 cents per ounce tax earlier in 2016 and the challenge was filed in September on the grounds that the tax (which opponents…

Read More »

“To Tax or Not To Tax?”

Shakespeare might have put it that way, but the US District Court for the Northern District of Illinois stated it much more directly last week in ruling that a Dunkin’ franchisee had not violated Illinois law by collecting a higher rate of sales tax on certain items than ultimately was necessary.  The issue in Bartolotta…

Read More »