Buy smokes, go to jail
Starting today, state Department of Revenue agents will begin stopping Tennessee motorists spotted buying large quantities of cigarettes in border states, then charging them with a crime and, in some cases, seizing their cars.
Critics say the new “cigarette surveillance program” amounts to the use of “police state” tactics and wrongfully interferes with interstate commerce. But state Revenue Commissioner Reagan Farr says his department is simply doing its job, enforcing a valid state law while protecting Tennessee retailers who properly pay state taxes.
Yes, for denying the state a few dollars, you’ll be a felon.
September 27th, 2007 at 10:03 am
Glad I quit smoking.
September 27th, 2007 at 10:24 am
They used to do this in Ohio also. The tax collectors would set up shop outside NKY stores and call in tags to the State Police of people who bought alcohol and cigarettes and then stop them when they crossed the border. It finally stopped when KY threatened to arrest the OH cops. Even today about once a year someone gets busted for more importing more than one liter of alcohol or one carton of cigarettes. It is a felony here also.
September 27th, 2007 at 10:46 am
Taxation without representation, would be interesting to see a Ron Paul type put an end to the police state, and allow the constitution be the rule of law and actually support the people. Tennessee needs a cigarette tax like I need a bullet in the head, it all goes to feed the monster, and we allow the monster to grow and grow.
September 27th, 2007 at 10:49 am
I hate to point out the obvious but this is blatantly illegal. As long as you do not sell smokes you purchase across the state line there is not an issue. This 24 carton limit is unconstitutional.
What in the hell is wrong with the State of Tennessee government? Was the Interstate Commerce act repealed?
September 27th, 2007 at 11:32 am
Unbelievably, the People’s Republik of Illinois does the same thing with fireworks (virtually all of which are illegal in the IL nanny state). They radio in people’s tags buying bottle rockets at stands just across the Indiana border, then hunt them down.
September 27th, 2007 at 3:38 pm
Mass. cops used to do this with NH liquor stores, since MA had Blue Laws.
September 27th, 2007 at 8:36 pm
The last time I researched the “Use tax” ( another euphemism for theft by government ), it stated that residents purchasing items from out of state were obligated to report those purchases. It did not state that anyone is required to get prior permission ( tax stamps ) to make said purchases. Therefore, possession of a lawful substance or article of manufacture can not logically be either a misdemeanor or a felony. See the cited requirements following this article. Any efforts by the “Department of Revenue” to search vehicles or seize them is blatantly illegal, a clear violation of civil rights, and should be resisted. Failure to do so will just encourage more abuse under color of law.
—–PERTINENT QUOTES —–
USE TAX is applied when merchandise (tangible personal property) is purchased from outside the state of Tennessee and imported into the state for use or consumption. DUE DATES – Monthly, Quarterly, Annually (based on qualifications): 20th day of the month following the end of the reporting period. Depending upon the frequency of your purchases, you may file quarterly or annually. Source: TN GOV REVENUE WEBSITE
In the interpretation of statutes levying taxes it is the established rule not to extend their provisions, by implication, beyond the clear import of the language used, or to enlarge their operations so as to embrace matters not specifically pointed out. Gould v. Gould, 245 U.S. 151 (1917)
September 27th, 2007 at 8:52 pm
I could have sworn it was unConstitutional for states to regulate interstate commerce. As long as the smokes are for personal use, there shouldn’t be a problem.
September 27th, 2007 at 11:43 pm
As long as the smokes are for personal use, there shouldn’t be a problem.
We have a winner.
September 27th, 2007 at 11:53 pm
Ohhhh, but the cops can abuse you so anybody not submitting is a doucebag. Didn’t you read the article above?
September 27th, 2007 at 11:59 pm
Well, revenuers are an old and persistent “problem” in Tennessee. Whether it is whiskey or cigarettes, the revenuer wants his cut. Technically, he wants his cut for everything bought out of state but they fear going after more than the “sin” taxes will cause an uprising. While the enforcement on buying cigarettes out of state may be stepping up, the tradition is very old and time-honored. It comes up every few years when the tax equilibrium between the states gets out of whack.
Personally, I’m waiting for some enterprising restaurant in a surrounding free state to put up a big sign encouraging smokers to enjoy a meal before crossing into hostile territory. I wonder if they would harass TN smokers who crossed over to enjoy a meal and a smoke in freedom?
September 28th, 2007 at 12:16 am
It isn’t merely regulating interstate commerce. It seems to me that this is an interstate tariff, specifically prohibited in the Constitution.
September 29th, 2007 at 8:58 am
Via Donald Sensing we learn that buying just 26 cartons of cigarettes across the state line can cause you to lose your car.
Does vehicle seizure seem extreme to you?
Donald then gets to the constitutional issues:
I hope there is a court case to test this. Few have mentioned how much TennCare received from cigarette taxes. With the restaurant ban next Monday and the extremists actions of the Dept. of Revenue, will this case major TennCare money problems?
October 1st, 2007 at 11:01 am
Funny thing is, there have actually been more than a few cases of organizations who fund terrorists using this simple tax issue to make a lot of money for the Bad Guys. The thing is, these idiots were bringing TRUCKLOADS of cigarettes across state borders to sell. The crime there is tax evasion (and in more than one case, funding terrorists), and busting them is a good thing. Busting someone for taking personal property across state borders is unconstitutional.