Lawsuit against Businesses Disallowed for Improper Collection ofOhioSales Tax

Lawsuit against Businesses Disallowed for Improper Collection ofOhioSales Tax

Businesses faced with the task of collectingOhiosales taxes have received some favorable news involving sales made inOhio. The Sixth Circuit Court of Appeals recently held in Bergmoser v. Smart Document Solutions, LLCthat consumers may not successfully sue businesses to recover improperly collectedOhiosales taxes. Instead, where a business is unwilling or unable to provide a refund the consumer’s sole remedy is to apply for a refund from the state.

Bergmoser seems to indicate that a business may legally collect sales taxes from consumers in situations where the business is unsure about whether the underlying transaction is taxable.


[[[ State sales tax can “only” be applied upon transactions (activity) that occur on land that is owned by the state. ]]]

Now once noticed by notary presentment, that would be a completely different suit.  Once noticed and they continue an unlawful collection is a crime, or damages up to seven times. Paul Hansen7-16-2013]]]

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About Paul John Hansen

Paul John Hansen -Foremost I love the Lord, His written Word, and the Elect Family of God. -My income is primarily derived from rental properties, legal counsel fees, selling PowerPoint presentations. -I am a serious student of territorial specific law, and constitutional limitations of the US and STATE Governments. -I have been in court over 250 times. -I have received numerous death threats that appear as to come from NEBRASKA STATE agents. -I have been arrested an estimated 8 times. Always bogus false warrants, misdemeanor charges. (Mostly Municipal Housing Codes, or related acts.) -I file no Federal Income Taxes (1040 Form) since the year 2001. (No filings in any form.) -I pay no State income taxes. -I do not pay STATE sales tax on major purchases. -I pay no COUNTY property taxes with out a judicial challenge. ( I believe I have discovered a filing for record process that takes my land off the tax roles. ) -I currently use no State drivers license, carry no vehicle liability insurance, do not register my automobiles. -I do not register to vote for any representatives. -I am a 'free inhabitant' pursuant to Article 4 of The Articles of Confederation. (Not a US citizen.) -I am subject to the Church jurisdiction, and a strong advocate of full ecclesiastical independence from the United States jurisdiction. -I believe in full support of the perpetual Union as found in the Articles of Confederation. -I believe that a free inhabitant has the lawful standing to choose to live independent of the constitutional corporate US governments, and its statutory courts in the vast majority of his daily life, and to be forced to do otherwise is slavery. -I believe that most all US written law is constitutional, but most all of that same law is misapplied upon jurisdictions where it has no force and effect of law and the bar association has perfected a system of keeping the people from knowing its true application. Order my 5$ presentation 'Free Inhabitant One A', for the truth in limited jurisdiction of all US written law.
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2 Responses to Lawsuit against Businesses Disallowed for Improper Collection ofOhioSales Tax

  1. mike says:

    Companies do not collect sales tax, they pay sales tax.
    Sales tax is imposed by the state on a company for the privilege of doing business…which the company may pass on to their customers.
    The company doesn’t have to pass along the amount if it does not wish to, but it must pay the tax to the state. It could pay the tax out of its profits, savings, it could get a loan…or it can pass it along to the customer. I don’t think the state cares how it gets the money.
    I agree with you that the tax is too broadly applied.

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