REPOST, someone is taking pictures of people buying gas at an Indian owned non-taxed gas station...and posting them on the web.
- From: "Cymbal Man Freq." <Don't Bother@xxxxxxxxxxxxxxxxxxxxxxxxxx>
- Date: Sat, 31 Dec 2005 10:14:06 GMT
240.26 Harassment in the second degree.
A person is guilty of harassment in the second degree when, with intent to
harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other person to
physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places;
3. He or she engages in a course of conduct or repeatedly commits acts which
alarm or seriously annoy such other person and which serve no legitimate
purpose. Subdivisions two and three of this section shall not apply to
activities regulated by the national labor relations act, as amended, the
railway labor act, as amended, or the federal employment labor management act,
as amended.
Harassment is a violation.
(Eff.5/24/94,Ch.109,L.1994)
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Point of information:
Under New York State law, if a business does
not collect New York State and local tax from you, it is your responsibility to
pay the tax directly to the Tax Department.
If the retailer fails to collect the sales tax, as here, and the consumer fails
to remit it voluntarily to the state, the Tax Department has the authority to
issue an
assessment for, and impose penalty and interest on, unpaid
sales or use tax. The Department conducts both routine and
special audits that produce this type of information.
In short, persons purchasing gasoline from the Lakeside facility, who fail to
remit tax on same, are in violation of New York State Tax law. Therefore, their
conduct is not merely a matter of personal choice, but an issue subject to state
regulation. Accordingly, members of the public are well within their rights to
take pictures of potentially illegal conduct occurring in public.
******************************
Well Sweetjeans, if you read what Simon pointed out and what most people already
know, when you don't pay the taxes on a taxable item in NYS then you are
supposed to submit a use tax form with payment to the state and federal tax
collectors.
So the people buying non taxed gas are not breaking the law.
If however those same people do not go home and fill out and submit their tax
use forms, then they are probably evading taxes. Sweetjeans, are you presuming
that the majority of people who purchased gasoline at lakeside did not go home
and fill out and submit their use tax forms?
So why would someone taking and showing pictures of people pumping as of yet
non-taxed gasoline be intimidating or of a harassing nature? It just isn't.
Does the idea of someone taking your picture while you pump gas worry you that
much? You should talk to your doctor about upping your dosages.
*****************************************
Here is something to think about?
How many of you have paid for untaxed gasoline and cigarettes with a credit or
debit card ?
That would be like leaving a trail of breadcrumbs for the state and federal irs
(if and when they audit you and if they care to get every penny out of you).
*******************************************
i don't see many pic that show the plate numbers- only 4 out of the 18 pics
actually have a clear view of the plate numbers. big deal. they have a line on
your tax form #56 so that you can give them the amounts you purchased without
paying NY state taxes on.
*******************************************
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