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NY top court OKs tax on online sellers like Amazon
Court Watch |
2013/03/29 22:46
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New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.
The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.
Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.
New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance. |
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Lawyer questions memory of Philadelphia accuser
Court Watch |
2013/01/18 11:31
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A longtime heroin addict whose complaint helped imprison a Philadelphia archdiocese official came under attack Wednesday, as jurors in a priest-abuse trial learned that he had given three different locations for one alleged rape. Defense lawyers questioning the gaunt, 24-year-old policeman's son poked several holes in his accounts, some of which he attributed to years of heavy drug use. The man said he as "semi-comatose ... but standing" when he first spoke with a church investigator in 2009. The witness, with prompting from a counselor, had called the archdiocese from a drug clinic, ultimately reporting that two Roman Catholic priests and ex-teacher Bernard Shero had sexually assaulted him in about 1999. Shero, 49, of Levittown, and the Rev. Charles Engelhardt, 66, of Wyndmoor, are on trial, fighting the charges. Now-defrocked priest Edward Avery is in prison after pleading guilty. During cross-examination Wednesday, Shero's lawyer said the accuser has said over the years that the teacher raped him in his sixth-grade classroom, near a trash bin outside an apartment complex and in the parking lot of a city park. The accuser explained that he was high when he spoke to the church investigator in a car outside his parents' house, and doesn't remember much of the conversation. His drug habit at times reached 15 to 20 bags of heroin a day, the young man acknowledged. |
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NY appeals court denies bail in cannibalism case
Court Watch |
2013/01/16 22:13
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A federal appeals court has denied bail for a New York City police officer charged with conspiring to rape, kill and eat women.
The 2nd U.S. Circuit Court of Appeals denied bail for Gilberto Valle (VAL'-ee) on Tuesday.
Attorney Edward Zas argued for bail for Valle. He said the officer merely engaged in the same sexual fantasies as 40,000 other people who go on Internet sites that cater to fetishes.
Judge Chester Straub disputed the lawyer's claim. He said there appeared to be evidence Valle took steps to carry out some of the plots. A prosecutor agreed.
A co-defendant from New Jersey previously was denied bail.
Valle's trial is scheduled to start next week. However, defense lawyers say they may need more time to prepare their case. |
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Benefits fight brings lesbian couple to high court
Court Watch |
2012/12/21 00:08
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Like a lot of newlyweds, Karen Golinski was eager to enjoy the financial fruits of marriage. Within weeks of her wedding, she applied to add her spouse to her employer-sponsored health care plan, a move that would save the couple thousands of dollars a year.
Her ordinarily routine request still is being debated more than four years later, and by the likes of former attorneys general, a slew of senators, the Obama administration and possibly this week, the U.S. Supreme Court.
Because Golinski is married to another woman and works for the U.S. government, her claim for benefits has morphed into a multi-layered legal challenge to a 1996 law that prohibits the federal government from recognizing unions like hers.
The high court has scheduled a closed-door conference for Friday to review Golinski's case and four others that also seek to overturn the Defense of Marriage Act overwhelmingly approved by Congress and signed by President Bill Clinton.
The purpose of the meeting is to decide which, if any, to put on the court's schedule for arguments next year.
The outcome carries economic and social consequences for gay, lesbian and bisexual couples, who now are unable to access Social Security survivor benefits, file joint income taxes, inherit a deceased spouse's pension or obtain family health insurance.
The other plaintiffs in the cases pending before the court include the state of Massachusetts, 13 couples and five widows and widowers. |
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NY appeals court nixes Defense of Marriage Act
Court Watch |
2012/10/22 15:14
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Saying the gay population has "suffered a history of discrimination,"
a divided federal appeals court in Manhattan ruled Thursday that a
federal law defining marriage as a union between a man and a woman was
unconstitutional, adding fuel to an issue expected to reach the U.S.
Supreme Court soon.
The 2nd U.S. Circuit Court of Appeals seemed interested in adding its
voice to several other rulings already at the high court's doorstep by
issuing its 2-to-1 decision only three weeks after hearing arguments
on a lower court judge's findings that the 1996 law was
unconstitutional.
In a majority opinion written by Judge Dennis Jacobs, the 2nd Circuit,
like a federal appeals court in Boston before it, found no reason the
Defense of Marriage Act could be used to deny benefits to married gay
couples. It supported a lower court ruling after a woman sued the
government in 2010, saying the law required her to pay $363,053 in
federal estate tax after her partner of 44 years died.
Jacobs, though, went beyond the Boston court, saying discrimination
against gays should be scrutinized by the courts in the same
heightened way as discrimination faced by women was in the 1970s. At
the time, he noted, they faced widespread discrimination in the
workplace and elsewhere. The heightened scrutiny, as it is referred to
in legal circles, would mean government discrimination against gays
would be assumed to be unconstitutional.
"The question is not whether homosexuals have achieved political
successes over the years; they clearly have. The question is whether
they have the strength to politically protect themselves from wrongful
discrimination," said Jacobs, who was appointed to the bench in 1992
by President George H.W. Bush.
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