EFTA00800055.pdf

2 71,vit g, VIRGIN ISLANDS Friday, December 7, 2018 3rd Circuit backs Gomez ruling in excise tax case By BRIAN O'CONNOR would favor issuing a slay. as tlxir Daily News Start interest would be not paying an ex- cise lax" The Virgin Islands government Discnmination against importers has been dealt a setback in fixing a outweighs local economic interests. multimillion.dollar hole in the tern. Gomez wrote. tory% budget. On appeal. Virgin Islands At- Two judges tom," General Claude Walker. So. with the 3rd US. bettor General Pamela Tepper. and Circuit Court Assistant Attorney General Dionne of Appeals on Sinclair, argued that the government Wednesday up- had previously been granted con- held a lower gressional authority to levy the tax court's ruling against imports. preventing the The consequences of Ciomeis terntonal gov- ruling are dire. they wrote. ernment from Cons:, "has effectively curtailed collecting excise Cuts Gcrnez the government's ability to collect rev- lax Oct COTIMItti• enues. thrown the excise 1.1". S)Stem U.:anal grounds. authonted by Congress into a state U.S. Court of Appeals judges of chaos. created uncenairgy among Thomas Ambit, and Thomas Vana- taxpayers. ard instilled insecurity in skit issued a ore-page memo dated local and federal officials whose daily Nov. 27 and published on Tuesday. room-ability x is to 3S1CSS and collect Wining a Not 15 order by U.S. excise owes:' they wrote. District Court Judge Curtis Gomez. The effect is particularly pron No legal memorandum accom- nennced because of the importation panies the order, making it hard to of materials for hurricane recovery, foi suor of the lawyers wrote. determine why Antbro and Vanaskie issued their ruling. The ruling is in- he 3rd U.S. etCUJI Court of Appeals has eadced a ruling by the U.S. Oistrct Coon blocking me territory from col. Alex Golobesky. Reefeo 9 attor- terlocuicty, meaning the case must ecting exc.se tax levied against items like those awaeng deniers/ at the Crowley Shipping Tomas' on St. Thomas. ney. argued that while the govern. 11 collected, excise and rade taxes are protected to generate $45.1 mullion for the territory m hug year 2019. meta could easily bill companies still proceed to a final appeal Judg- ment on whether or not the VI gov- if it was on appeal. and line or jail ernment can collect excise LPL court documents. trade and excise taxes. That's about A stay benefits specific segments people ifthey didn't pay. the reverse An excise tax is an indirect tax The government had continued to 5.5 percent of all government tax of the public because government isn't INC. levied against manufactuters of collect the tax even after a Semen,. revenues (S820 6 million), accord- officials lave testified they plan to "The ability of Recfco or other goods. as opposed to a direct tax. bcr ruling that it violated the U.S. ing to the budget. levy excise tax on local businesses. taxpayers to extract refunds from the usually levied against sellers or pur- Constitution's Commerce Clause. The ruling impacts not just Red. Gomez wrote. government, even judicially awarded chasers of certain goods. Comet's according to court documents. At CO, but the territory's economy as "The interest of imposers would refunds. is notoriously difficult in ruling, and a subsequent memo:an- one point during an evidentiary hear. whole, COCK/. wrote. favor not issuing a stay. as then in- the Virgin Islands." hc wrote. d= opinion on the tax, ruled the Cornet asked why the govern. Govern ant officials had not terest is certainly in not paying a — Counter 8flan O'Connor at government has been improperly ment shouldn't be held in contempt. presented exact information about discriminatory excise tax: he said. 340-714-9130 or emml hoconnol'.79. collecting the tax for decades. according to court documents. how the end of the excise tax would - The interest of local manufacturers clailinews React,, a company that installs The Commerce Clause gives impact the government checkbook, efrigeratots, ice machines and Congress alone the power to regu- Gomez wrote. other equipment on boats. argued hat because "boat pans" are ca- late commerce between the states. Officials had collected 539 mil- "A functioning government is clearly in the public's interest, and Setting the record straight mps from excise tax, their business lion in excise tax for 2018 as of Nov a functioning government certainly An article on page 5 of The misidentified the phixos accompa- hould be exempt. IS, according to a Nov. 26 opinion requires morxy." he wrote. "The Daily News on Tuesday about the nying the ankle. The photo was of The tax usually generates more Gomez wrote in support of his rul- CVI has provided the court with no upcoening murder mat of VI. Faa. one of the victims. VI. Police Of- than S20 million of government ing The proposed fiscal year 2019 information regarding the amount of lice Officer Francis Williams Jr. ricer Kai Javois. revenues each year. according to budget includes $45.1 million for money it col loci. from rico: taKcc - WE ARE HERE TO HELP 4OkS 7.0 PROVIDING LET'S TALK TRASH! • ;•.- c,--) FAST, RELIABLE, CALL (340) 690-8394 0 4re AFFORDABLE SERVICE. -.GE WE ACCEPT CREDIT CARDS! Since 1991 RENT A DUMPSTER NOW! EFTA00800055