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story category Telecommuting Income Tax
Supreme Court refuses to hear case
(old news - 10:23AM Tuesday Nov 01 2005)
tags: legal
Back in March we mentioned that the New York State Court of Appeals ruled that a Tennessee programmer - who works for a NY company from Tennessee via broadband - had to pay NY state income tax. Of course opponents argue that income tax should be - and has been - based on the employee's location, not the employer's. According to the Associated Press the Supreme Court has refused to hear the case, meaning more states will employ the tactic.

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Forums » Telecommuting Income Tax
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oliphant
I Have 8 Boobies
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join:2004-11-26
Corona, CA


edit:
November 1st, @10:28AM

Double taxation...

...nothing new for gov't. I'm sure TN will come after the guy too saying he earned the money in TN.

There is no end to the greed of gov't.

Perhaps they can start taxing those employed in call centers in India.

--
WAR HAS NEVER SOLVED ANYTHING, except ending slavery, facism, communism, Nazism....

jtanner
To Add Speed, Add Lightness
Premium
join:2003-01-14
Cumming, GA

Re: Double taxation...

TN doesn't have state income tax. But it's an interesting point--what happens when someone lives in Massachusetts and telecommutes to NY? Wouldn't they get taxed twice?

Jim

JTRockville
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Re: Double taxation...

said by jtanner See Profile :

TN doesn't have state income tax. But it's an interesting point--what happens when someone lives in Massachusetts and telecommutes to NY? Wouldn't they get taxed twice?

Jim
I live in Maryland. The company I work for is headquartered in Virginia, though they have offices all over the globe.

Whether or not I commute to one of their offices, I pay my taxes to my home state of Maryland. As it happens though, I rarely work from anywhere other than my home. I've been a full-time telecommuter for over 8 years.
moonpuppy

join:2000-08-21
Glen Burnie, MD
·Verizon Online DSL

Re: Double taxation...

How dare you cheat Virginia out of their income tax?

And what about all the gas you are not using? Doesn't Maryland deserve their massive gas tax too? :D:D

This could get ugly as how many people tele-commute from other states? How many people want to be taxed twice? Or, how about being taxed in every state where your company has a location in?

JTRockville
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Re: Double taxation...

said by moonpuppy See Profile :

How dare you cheat Virginia out of their income tax?

And what about all the gas you are not using? Doesn't Maryland deserve their massive gas tax too? :D:D

This could get ugly as how many people tele-commute from other states? How many people want to be taxed twice? Or, how about being taxed in every state where your company has a location in?
I think I'll just take half my salary and donate it to the county and the state so they can build more roads for the traditional commuters. Then I'll take the other half of my salary and spread it around to all the states where the company I work for has offices: California, District of Columbia, Massachusetts, New York (gasp!), North Carolina, Oklahoma, Ohio, Pennsylvania, South Carolina, Texas, Utah, Virginia. I'll be sure to reserve some for my home state: Maryland.

Too bad there will be nothing left to donate to the other countries where the company I work for has offices: Brazil, Canada, India, Russia, United Kingdom. If there were, I could help provide health care and retirement income for those who live in countries where the government subsidizes those services.

Who needs disposable income anyway?
BosstonesOwn

join:2002-12-15
Everett, MA
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Re: Double taxation...

I fear them pressing this issue more. If so I and a lot of people will be hurting.

I vpn into networks in 5 or 6 countries plus ones in almost all 50 states. Just this morning I vpned into Pa. Ny. Nh. RI. Conn. Ne. and Fl. , does this mean under this the whole slew of them have the ability to chase me down for taxes ? If so Ma. where i actually live is gonna be screwed on my taxes.

Greed has no bounds I guess. Start taxing the people who are outsourced to other countries. Because then that will drive up their cost as well and maybe the work will come back to North America.
--
"It's always funny until someone gets hurt......and then it's absolutely friggin' hysterical!"
moonpuppy

join:2000-08-21
Glen Burnie, MD
I thought you were going to pay me for FIOS?

:D:D

It seems government wants more and more but give less and less.

JTRockville
Data Ho
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Re: Double taxation...

Heh, not if I have to pay income tax to a dozen different states. Then again, if I have to pay income tax to a dozen different states, I won't be able to afford a network connection!

Maybe this is a ban on telecommuting disguised as a tax?
GhostDoggy

join:2005-05-11
Duluth, GA

said by JTRockville See Profile :

I think I'll just take half my salary and donate it to the county and the state so they can build more roads for the traditional commuters.
If you were in my county >3/4 will go to public schools and not to roads.
xrobertcmx
Premium
join:2001-06-18
Sterling, VA
clubs:
That was how it worked when I was in the Army. I was stationed in CO, but I paid state income tax to VA.
--
4 More years and we won't have a country.

cao1964

join:2000-08-09
Danville, PA

Re: Double taxation...

said by xrobertcmx See Profile :

That was how it worked when I was in the Army. I was stationed in CO, but I paid state income tax to VA.
Oh I feel your pain, but lucky for me at that time my home state was Florida so I had no taxes, now its Penn, and I am been tax big time, time to move again.
xrobertcmx
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Sterling, VA
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Re: Double taxation...

I've been paying into Virginia's coffers from the day I started working and it isn't too bad. Last time I was in FL they just stuck it to the citizens through sales tax. I think it was almost $0.09 on the dollar where I was in central FL.
--
4 More years and we won't have a country.

xdeadhead
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haha living in taxachusetts, i bet they are already being taxed twice.
--
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ronpin
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edit:
November 1st, @11:17AM

Re: Double taxation...

This is GREAT NEWS!!! - maybe now all those outsourced jobs in India and China get to pay US taxes -- so we can retire! (hey - "freedom is on the march" -- better pay up!)
--
When Clinton lied -- no one died.

Idjk

@sprintlink.net

Re: Double taxation...

Just what I was thinking tax all the 'outsourced' jobs!!it might bring some jobs back.

n2jtx

join:2001-01-13
Glen Head, NY
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said by ronpin See Profile :

This is GREAT NEWS!!! - maybe now all those outsourced jobs in India and China get to pay US taxes -- so we can retire! (hey - "freedom is on the march" -- better pay up!)
I like it! Maybe we can get something back for all of the outsourcing.
--
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broadbander

join:2005-07-21
Brooklyn, NY
·Verizon Online DSL

Re: Double taxation...

said by n2jtx See Profile :

said by ronpin See Profile :

This is GREAT NEWS!!! - maybe now all those outsourced jobs in India and China get to pay US taxes -- so we can retire! (hey - "freedom is on the march" -- better pay up!)
I like it! Maybe we can get something back for all of the outsourcing.
Tariffs are pretty damn bad things. Trust me on this one. We may not like outsourcing but the "simple" tariff "fix" is even worse.

ronpin
Imagine Reality

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Nirvana

Re: Double taxation...

Since when is an income tax a tariff???

Sweet Witch
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Amazingly enough, 'taxachusetts' has fewer taxes than many other states (including CT), and tac-free shopping is just a run up the highway in New Hampshire!!
--
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BosstonesOwn

join:2002-12-15
Everett, MA
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Re: Double taxation...

Shhh. they start moving around here and rent will go even more.
bostonkarl

join:2003-07-09
Arlington, VA

Re: Double taxation...

Ya, I never understood taxachussets thing.

Maine is the least tax friendly New England state, believe it or not. Mass rates below the median of all states.

»money.cnn.com/pf/features/lists/···dex.html
broadbander

join:2005-07-21
Brooklyn, NY
·Verizon Online DSL

Re: Double taxation...

said by bostonkarl See Profile :

Ya, I never understood taxachussets thing.

Maine is the least tax friendly New England state, believe it or not. Mass rates below the median of all states.

»money.cnn.com/pf/features/lists/···dex.html
Thats because of the stigma Massachusetts got and thus worked hard to vote against higher taxes probably mostly to debunk the stigma. Having Republican governors since 1988 (in the most liberal state of the union) didn't hurt.

oliphant
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edit:
November 1st, @12:31PM

said by jtanner See Profile :

TN doesn't have state income tax.
Jim
My bad, I thought I remembered some whooplah about them starting it a year or two ago. But still, TN gets their revenue some someplace whether it's higher property tax, sales tax or whatever. If you are taxed by another state it's double taxation unless TN doesn't collect any revenue from the general public at all.
--
WAR HAS NEVER SOLVED ANYTHING, except ending slavery, facism, communism, Nazism....
nshulga

join:2002-06-06
Morrisville, PA

I live in PA. I used to telecommute to a Boulder, CO division of a French (well, worldwide) company. I now telecommute to a Boston, MA division of a California (well, worldwide) company. In both cases they deducted local (ie CO/MA) income tax the first month, then (presumably, after checking with their tax department) refunded it and deducted PA income tax from that point on.

New York is very creative about taxing people, though, so I've to say I'm not surprised. I remember filling out NY state non-resident returns back when that stuff was done with pen and paper. It was worse than the federal form - they basically make you do something like federal income tax twice, first time to determine total income, the second time to determine NY income. They use total income to determine your tax rate. Then, of course, there's NYC tax as well.

The short-term solution is to make sure this is built into your salary. A better solution is to work elsewhere and enjoy NYC on weekends. They'll figure a different way to rip you off, but at leats it's less paperwork that way.

I HATE TAXES



Re: Double taxation...

it's not just Nude York that's creative.

If I work in any state for 2 weeks or more (count it as 80 hrs), then I have to file in that state. Bet you can't hear me scream about that, can you?

Seems there's some strangely crafted set of laws, that enable this.

Now, when it comes to tele-comuting, it gets even stranger. I like JT, do work all around the globe. I'm not sure how this is going to finally play out, but the only thing I know for sure is, it's going to be ugly.

I'm just waiting for some creative state to say that if I use the telecommunications lines as they traverse that state, I should be required to pay some kind of "infa-structure" support cost while I'm using the network lines in that state.

You know, before long, we'll be taxed out of existence.

I'm of the firm opinion, we should off shore some of our executive management and our state; local and federal legislators.

N3OGH
Will it all be Obama's fault now?
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edit:
November 1st, @10:35AM

Sounds like a good idea to me.

NY is one of the greediest states in the country when it comes to taxes. I mean taxed for telecommuting, give me a freakin' break.

I've got a good idea for all these companies. Go set up a data center in Florida. No state income tax. Then they can tel NY to shove it...

cableties
Premium
join:2005-01-27
Levittown, PA

Re: Double taxation...

Though I agree with telling them to shove it, I am doubtful its smart to put a data center in Florida. Unless you can afford the emergency standby needs from the strain of hurricanes.;)
But this is not the last we'll hear of this. I figure some law professor will open debate in a classroom, and some tech-saavy lawyers will (EFF?) commit to this as unfair taxation.
How about dumping our old CRTs in the Hudson? Or old modems?
(I know, more EPA violations..its pollution)

I had a friend that worked in the city and lived in NJ. He paid BOTH NJ and NYC wage taxes. heck, I worked 1 mile inside Philadelphia and had to pay local borough and philly wage taxes. I would have to pay telecommuting too (as an employee of a company located inside their zone).

Sounds to me like:
-quit the job and consult for them or
-get them to compensate for costs (electricity, systems, cable/WAN connection) if not already
-make salary worth it

(sucks. money you save on commuting, protection to environment and pollution and you still get shafted!)
gbrown759

join:2003-05-03
Ridgeland, MS
TN has no state income tax, but I'm sure there are a few "guys" in a smoky back room trying to find a way to get their share too.

oliphant
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Re: Double taxation...

said by gbrown759 See Profile :

TN has no state income tax, but I'm sure there are a few "guys" in a smoky back room trying to find a way to get their share too.
They're getting the revenue somewhere...if they aren't directly taxing income then it's coming from property tax or something else. They guy still ends up paying twice.
--
WAR HAS NEVER SOLVED ANYTHING, except ending slavery, facism, communism, Nazism....
broadbander

join:2005-07-21
Brooklyn, NY
·Verizon Online DSL

There is no end to the greed of gov't.
Perhaps more precisely, there is no end to the greed of man.

This is, of course, absurd. But I think the entire U.S. tax system, on the federal and state level, is a dirty kid in the mud that needs to be cleaned up again like he was in 1986.

morethanhuman

@verizon.net

All of those reading these posts concerned with the truth about the Income Tax should read a small book called

Cracking the Code, The Fascinating Truth About Taxation in America by Peter Hendrickson (www.losthorizons.com)

The truth about our Tennessee telecommuter is that he is not liable to ANY INCOME TAX AT ALL (Federal or State).

I wish you the best in your efforts to live a more free and truthful life.

Patrick Mooney
www.unlearning.org
broadbander

join:2005-07-21
Brooklyn, NY
·Verizon Online DSL

Re: Double taxation...

said by morethanhuman :

All of those reading these posts concerned with the truth about the Income Tax should read a small book called

Cracking the Code, The Fascinating Truth About Taxation in America by Peter Hendrickson (www.losthorizons.com)

The truth about our Tennessee telecommuter is that he is not liable to ANY INCOME TAX AT ALL (Federal or State).

I wish you the best in your efforts to live a more free and truthful life.

Patrick Mooney
www.unlearning.org
Yeah, you're right. Who needs schools, roads, the military, law enforcement, agriculture, the post office or any of that "government" jazz.

JTRockville
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edit:
November 1st, @03:52PM

said by morethanhuman :

The truth about our Tennessee telecommuter is that he is not liable to ANY INCOME TAX AT ALL (Federal or State).
Is that also true for Tennessee residents with traditional commutes?

How does the Tennessee telecommuter get away with not paying federal income tax?

alanhdsl
Premium
join:1999-10-09
Phoenix, AZ
·Qwest.net

Re: Double taxation...

By breaking the law. This is one of those "The IRS is illegal" sites.

It's certainly valid to question taxation policies, but in no way are income taxes outright illegal. You might check out www.quatloos.com for what happens to a lot of these guys.

morethanhuman

@verizon.net

Relating to this question and all of the replies thus far posted on this topic....

If you work in the PRIVATE SECTOR, NONE of your earnings are taxable under the Federal income tax laws (and most state laws, too).

I have had a ZERO tax liability with Federal and State governments (NJ & VA) for the last three years because I woke up to the same truth that hundreds of Americans are waking up to everyday.

The simple answer is because income taxes are EXCISE TAXES related to specific types of economic activity (usually government-related). The rest of us get suckered into the scam through ignorance and deception...and we stay there because we are afraid to act on the truth.

This will be my last post to this forum, because you must take it upon yourself to learn more and educate yourself. Simply go to »www.losthorizons.com and read what is on that site. More importantly, get the book I mentioned in my previous post.

You now have the information you need to save you thousands of dollars every year, which I'm sure you can spend much more fruitfully than our bottom-feeding bureaucrats at all levels of government.

Your dreams and your freedom remain in your hands.

Patrick Mooney
»www.unlearning.org

CrazyFingers

join:2003-10-01
Columbia, MO

Re: Double taxation...

More tax-protester drivel from a whackadoodle nut-job.
Good luck explaining to the judge that you're using the same tired arguments that were tossed out of court 25 years ago as frivolous crap.
--
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Kearnstd
Elf Wizard

join:2002-01-22
Mullica Hill, NJ

my dad works in NY-State and but we live in CT, id have to double check but i dont think that he is required to pay CT State income tax.

that said unless this guy's company is auto-subtracting NY state tax i dont see how they can even go after him. i doubt that they could convince the TN state police to arrest the guy and then ship him to NY.
--
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bookie

join:2001-05-17
Cordova, TN
Back on the offshore tech thing. Say a tech takes a lot of calls from New York. How long before he is taxed for that? Or any other state?

What about telemarketers?

oliphant
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Re: Double taxation...

said by bookie See Profile :

Back on the offshore tech thing. Say a tech takes a lot of calls from New York. How long before he is taxed for that? Or any other state?

What about telemarketers?
What I'm thinking is if NY can tax workers out of state, why can't they tax workers out of the country...and by that meaning force in state companies to withhold the taxes so the state gets their money.

This is a VERY slippery slope. The SC should have taken this case as I think it affects interstate commerce (and thus is a Constitutional issue).
--
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pnh102
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Mount Airy, MD

Re: Double taxation...

said by oliphant See Profile :

This is a VERY slippery slope. The SC should have taken this case as I think it affects interstate commerce (and thus is a Constitutional issue).
But there is also nothing stopping New York and Tennessee from establishing a reciprocal tax agreement that is similar to the one that exists between New York and New Jersey. No federal action would be needed, and since there is no federal law that directly addresses the issue, the Court technically did the right thing by not acting. Without a reciprocal agreement, you end up paying taxes to both states.
--
Rove / Rumsfeld 2008!

oliphant
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Corona, CA

Re: Double taxation...

said by pnh102 See Profile :

said by oliphant See Profile :

This is a VERY slippery slope. The SC should have taken this case as I think it affects interstate commerce (and thus is a Constitutional issue).
But there is also nothing stopping New York and Tennessee from establishing a reciprocal tax agreement that is similar to the one that exists between New York and New Jersey. No federal action would be needed, and since there is no federal law that directly addresses the issue, the Court technically did the right thing by not acting. Without a reciprocal agreement, you end up paying taxes to both states.
It's still an interstate commerce issue...just because 2 states agree to rape their citizens with F-ed tax rules doesn't make it legal.
--
WAR HAS NEVER SOLVED ANYTHING, except ending slavery, facism, communism, Nazism....

pnh102
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Mount Airy, MD

Re: Double taxation...

said by oliphant See Profile :

It's still an interstate commerce issue...just because 2 states agree to rape their citizens with F-ed tax rules doesn't make it legal.
Unfortunately it is legal. For example, as I mentioned in another post, Pennsylvania has a reciprocal tax agreement with New Jersey which allows for Pennsylvanians working in New Jersey to pay only Pennsylvania income taxes and vice versa. However, Pennsylvania has no such agreement with Delaware. Pennsylvanians who work in Delaware end up paying income tax to both Pennsylvania and Delaware as a result. Unless the Federal government passes a law and says that this is illegal, it will continue to happen. The Supreme Court does not have the legal authority to "invoke" such a law when one does not exist.
--
Rove / Rumsfeld 2008!

oliphant
I Have 8 Boobies
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Corona, CA

Re: Double taxation...

said by pnh102 See Profile :

The Supreme Court does not have the legal authority to "invoke" such a law when one does not exist.
That would certainly be a new concept for the modern court.
--
WAR HAS NEVER SOLVED ANYTHING, except ending slavery, facism, communism, Nazism....

Sweet Witch
Be the flame, not the moth.
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join:2003-07-15
Gallifrey
·Comcast

This is such bullsh*t! You sould only pay taxes on the state you live in, especially if you telecommute. If you want to cover the cost of road repairs, put up a toll road, don't just tax everyone.
--
Never argue with an idiot. They’ll drag you down to their level then beat you with experience.

shaner
Premium
join:2000-10-04
Calgary, AB

what junk

What a line of crap. Where does it end? If I travel to New York on a business trip, does that mean I'll have to pay NY income tax an any money I make on that trip? Or if I do some project which a NY company buys? I mean, this is absolutely the stupidest thing I have ever read.
--
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all night long,
laying pipe,
to satisfy that woman.
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GujuGuy67

join:2003-07-28
Garland, TX

No taxation with out representation

Technically, since he doesn't live in New York, he wouldn't have voting rights, etc... Thus, couldn't he argue that he was being unconstitutionally taxed because there is no one representing him (in New York since it is a state tax).

See 8 replies to this post

qdemn7
Smurf in My Loop
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Fort Worth, TX

Of Course ....

Of course this has nothing to do with NY being one of the states with the highest levels of State "Entitlement" programs around. The pols have to find a way to pay for all those "Bread and Circuses" so they can keep getting re-elected.
--
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broadbander

join:2005-07-21
Brooklyn, NY
·Verizon Online DSL

Re: Of Course ....

said by qdemn7 See Profile :

Of course this has nothing to do with NY being one of the states with the highest levels of State "Entitlement" programs around. The pols have to find a way to pay for all those "Bread and Circuses" so they can keep getting re-elected.
I think New York having the second largest economy in the United States and the tenth largest in the world (larger than most countries!) may have a bit more to do with it than any entitlement programs (which, if they had their taxation codes in order they could easily afford without nickle and diming anyone). This has a sense to do with "et eh buddy, if you are going to make NYC wages, you are going to pay NYC taxes like everyone else who makes NYC wages."
musicnyc

join:2000-08-12
New York, NY
A typical ignorant Texan. Just look at the trouble your President has caused our country.

N3OGH
Will it all be Obama's fault now?
Premium
join:2003-11-11
Philly burbs

Re: Of Course ....

Just couldn't leave the national politics out of it, could you?

Thanks for drawing the discussion down to a new low, douche....
broadbander

join:2005-07-21
Brooklyn, NY
·Verizon Online DSL

said by musicnyc See Profile :

A typical ignorant Texan. Just look at the trouble your President has caused our country.
Ever been to Austin? It'll eat the NYC posturing, b.s., pseudo-intellectual disco-punk freak-folk scene alive.
adams_aj

join:2004-08-31
Smithville, MO

Taxation without representation

I'm already facing taxation without representation. Old news. I live outside of Kansas City, MO, but since I work in the city, I have to pay their city earnings tax. I don't get to vote in city elections. Bam. Nothing I can do about it. If you either work or live in KC, you pay the tax. Period.

They're actually looking at forcing the Kansas City Royals' (baseball) and the Chiefs' (football) opposing players, coaches, etc. to pay the earnings tax when they come to play. . . hasn't gone very far, though, but that would add up to a nice, tidy sum if they can pull it off.
--
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Jim Gurd
Premium
join:2000-07-08
Plymouth, MI
·Comcast

Federal courts

It seems he could still appeal through the federal courts. The SC refused to hear it but doesn't mean that other courts at the federal level will refuse the case. It looks like he went directly from the NY courts to the SC.

What would happen if he refused to pay? Would (or could) they come after him in Tennessee?
fantomposter
Phantom Poster
Premium
join:2002-09-21
Independence, OH

Re: Federal courts

said by Jim Gurd See Profile :

It seems he could still appeal through the federal courts. The SC refused to hear it but doesn't mean that other courts at the federal level will refuse the case. It looks like he went directly from the NY courts to the SC.
I am not a lawyer, so not sure on this.....

It went to the Supreme Court because State appeal process had been done and there was still a question that might involve the Federal Constitution. In those circumstances you go straight to the Supreme Court, there are no in between stops at the regular federal level.

I think this one is a done deal now.
vic102482
Premium
join:2002-04-30
Upper Marlboro, MD

Based on that Logic

Tennesee should charge the city of new york tax for providing the living enviornment for a new york employee.
--
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GujuGuy67

join:2003-07-28
Garland, TX

TN sue NY?

Could the Attorney General of TN sue the state of NY for infringing on the rights of one of their citizens and extending thier powers?