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 v. Dunkin’ Brands Group, Inc., et al involved the split tax system Illinois employs where the sales tax is 6.25% unless the sale is for food “to be consumed off the premises”, in which case the tax charged is only 1%. The franchise owner interpreted that the tax regulation required the full tax of 6.25% and he taxed the purchase of coffee bags accordingly. The plaintiff challenged that interpretation and on behalf of a class of plaintiffs sought monetary judgement along with injunctive relief, costs and attorney’s fees. Judge Thomas Durkin noted that if the store had not collected the higher tax and was wrong, it would have had to make up the difference. In the end, it was not an unfair business practice even if the correct rate should have been 1%.