• <b>ALDE May 24:</b> Lot 1. Silver coin (1455), celebrating expulsion of English people in 1451.<br>Est: € 12,000-20,000.
    <b>ALDE May 24:</b> Lot 7. Heures à l’usage de Coutances. Paris, last quarter of 15th century. Est: € 30,000-40,000.
    <b>ALDE May 24:</b> Lot 9.<br>TERENCE. Lyon, Jean Trechsel, 1493. Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 8. Biblia latina. Nuremberg, Anton Koberger, 1478. Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 11. [Francesco Colonna]. Hypnerotomachia Poliphili. Venise, Alde Manuce, December 1499. Est: € 150,000-200,000.
    <b>ALDE May 24:</b> Lot 14. Marco<br>Vigerio della Rovere. Decachordum christianum. Fano, Girolamo Socino, 1507. Est: € 15,000-20,000.
    <b>ALDE May 24:</b> Lot 18. CONSTANTIN VII. De notevoli et utilissimi ammæstramenti dell’agricoltura. Venise, Gabriele Giolito de Ferrari, 1542. Est: € 40,000-50,000.
    <b>ALDE May 24:</b> Lot 19. TITE-LIVE. Latinæ historiæ principis. Lyon, Sébastien Gryphe, 1548.<br>Est: € 15,000-20,000.
    <b>ALDE May 24:</b> Lot 38. OTTOMAN CORAN. 17th century by Muhammad Hafiz (Imam Mehmed Effendi).<br>Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 45. Blaise PASCAL. Pensées. Paris, Guillaume Desprez, 1670. Est: € 100,000-120,000.
    <b>ALDE May 24:</b> Lot 52. George EDWARDS. A Natural History of uncommon birds. London, the author, 1743-1751. Est: € 20,000-30,000
    <b>ALDE May 24:</b> Lot 59. Jean de LA FONTAINE. Fables choisies. Paris, Desaint & Saillant, Durand, 1755-1759. Est: € 40,000-50,000.
  • <b>19th Century Shop.</b> DARWIN, CHARLES. Iconic signed Darwin photograph "I like this photograph much better than any other which ..."
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Autograph Letter Signed</i>. Early Unpublished Darwin letter on the races of man.
    <b>19th Century Shop.</b> WRIGHT, WILBUR. Experiments and Observations in Soaring Flight. Journal of the Western Society of Engineers 8, no. 4 (August, 1903).
    <b>19th Century Shop.</b> EINSTEIN, ALBERT. <i>The Meaning of Relativity.</i> FIRST EDITION IN ENGLISH. Signed and dated Oxford 1931.
    <b>19th Century Shop.</b> GARDNER, ALEXANDER. Antietam Bridge, Maryland. "One of the memorable spots in the history of the war."
  • Old World Auctions (May 4): Lot 18. Blaeu, <i>Nova et Accuratissima Totius Terrarum Orbis Tabula</i>, 1660.<br>Est. $14000-$17000
    Old World Auctions (May 4): Lot 20. Pitt, <i>Nova Totius Terrarum Orbis Geographica ac Hydrographica Tabula</i>, 1680. Est. $9500-$11000
    Old World Auctions (May 4): Lot 65. Ortelius, <i>Americae sive Novi Orbis, Nova Descriptio</i>, 1571. <br>Est. $6000-$7000
    Old World Auctions (May 4): Lot 84. Bailleul, <i>L'Amerique Divisee en Ses Principales Parties</i>, 1752.<br>Est. $19000-$22000
    Old World Auctions (May 4): Lot 99. Sayer & Bennett, <i>The American Military Pocket Atlas</i>, 1776. <br>Est. $10000-$12000
    Old World Auctions (May 4): Lot 269. Reid, <i>Plan of the City of Washington in the Territory of Columbia</i>, 1796. <br>Est. $2750-$3500
    Old World Auctions (May 4): Lot 291. Carleton, <i>Map of Massachusetts Proper</i>, 1801. Est. $12000-$14000
    Old World Auctions (May 4): Lot 378. Keulen, <i>Pas Kaart vande Noord Oost Kust van Cuba en d'Oost Kust van Florida</i>, 1695. Est. $3250-$4000
    Old World Auctions (May 4): Lot 651. Ptolemy/Fries, <i>Tabula Superioris Indiae & Tartariae Maioris</i>, 1541.<br>Est. $3000-$4000
    Old World Auctions (May 4): Lot 688. Wit, <i>Nova Africa Descriptio</i>, 1660.<br>Est. $2750-$3500
    Old World Auctions (May 4): Lot 706. Ortelius, <i>Maris Pacifici</i>, 1589.<br>Est. $8000-$9000
    Old World Auctions (May 4): Lot 727. Audubon, <i>Least Stormy-Petrel</i>, 1836. Est. $1400-$1700
    Old World Auctions (May 4): Lot 741. Bordone, <i>Isolario</i>, 1547.<br>Est. $16000-$19000
    Old World Auctions (May 4): Lot 747. Teesdale, <i>A New General Atlas of the World</i>, 1835. Est. $2000-$2750
    Old World Auctions (May 4): Lot 752. Colton, <i>Colton's Atlas of the World Volume I and II</i>, 1856.<br>Est. $2500-$3250
    Old World Auctions (May 4): Lot 760. Prevost, <i>Histoire Generale des Voyages ... Tome Quatorzieme</i>, 1757. <br>Est. $2400-$3000
  • Christie's: The first four Folios of William Shakespeare’s collected works will be auctioned on 25 May.
    Christie's: The first four Folios of William Shakespeare’s collected works will be auctioned on 25 May.

Rare Book Monthly

Articles - January - 2014 Issue

Courts Reach Contrary Decisions on Collection of Sales Tax by Out-of-State Retailers

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The U. S. Supreme Court building.

The confusion over which out-of-state companies must collect sales tax in which states was ratcheted up another level as a result of a recent U.S. Supreme Court non-decision. The Supreme Court declined to hear an appeal from New York's highest court from Amazon and Overstock, two major online merchants headquartered in another state. By so doing, it allowed the New York decision compelling certain out-of-state merchants to collect sales tax to stand. The added confusion arises from the fact that the New York decision the Supreme Court let stand was very different from one reached by Illinois' highest court just a few weeks earlier. Under similar circumstances, the Illinois court ruled Illinois could not require out-of-state merchants to collect their sales tax. Confusing enough?

 

It has long been established law that a state cannot require an out-of-state merchant to collect their sales tax unless that merchant has a presence in their state (“nexus” is the official term). This is based on the Constitution giving the federal government exclusive power to regulate interstate commerce. Generally, “nexus” was thought to mean some sort of physical presence – a store, warehouse, office, or something like that. Since most such retailers had a presence only in their home state, they could not be compelled to collect sales taxes for the other 49 states. That is why you rarely had to pay sales tax on something purchased via direct mail.

 

The states didn't much like this, but for years accepted the fact that out-of-state mail order companies could sell to their residents and not have to collect sales tax. However, the value of this lost revenue has increased tremendously over the past few years with the advent of internet sales. Today, there is much more at stake. So, the states began to look for new connections between out-of-state retailers and their states that they could claim to be sufficient “nexus” to require that retailer to collect their sales taxes. New York and Illinois both thought they found one.

 

Those states attempted to claim nexus based on the presence in their states of “affiliates,” persons who use their websites to send customers to the retailer's website. For example, a resident of New York might post a link on his/her website to Amazon in return for a commission on sales. The retailers do not look at these people as being a part of their business but as an independent outsider. Such a person does not create a presence by the company. The states passed legislation saying those persons are, in effect, part of the company and thereby make that company a state resident. Therefore, that out-of-state retailer, say Washington-based Amazon, must collect sales tax on sales made to residents of New York and Illinois.

 

In New York, the state's highest court agreed with their state's interpretation of “nexus” and demanded out-of-state retailers collect sales tax. Amazon and Overstock appealed to the U. S. Supreme Court. While the Supreme Court did not rule on the legality of New York's law, by declining to take up the case, they allowed that ruling to stand. The out-of-state merchants with in-state “affiliates” must collect their sales tax.

 

In Illinois, the state's highest court reached a different conclusion. While not looking at the traditional constitutional issue, the Illinois court ruled that this law violated the Internet Tax Freedom Act of 2000. That federal law prohibits discriminatory taxes on internet transactions. The Illinois court said that requiring taxes be collected because an out-of-state company was advertising on in-state people's internet sites, but not if it was advertising on in-state television stations or newspapers, was internet discriminatory. So, based on the same federal law, certain customers in Illinois aren't subject to collection of sales taxes while residents of New York are.

 

Obviously, this doesn't make much sense. However, the Supreme Court has shown a lack of interest in wading deeper into this issue. If balance is to be achieved, it is up to Congress to enact new laws clarifying the issue. A law has been passed by the Senate which would require all out-of-state retailers (maybe you too?) to collect sales taxes providing the merchant has over $1 million in sales annually. Currently the bill is languishing in the House of Representatives and it is questionable whether the House will act upon the bill or ignore it. The states are pressuring the House to vote yes. Many consumers and anti-tax advocates are encouraging their representatives to continue to ignore the bill. Right about now, it does not look like the House is in any great hurry to deal with an issue that many construe as amounting to a tax increase.

Rare Book Monthly

  • <b>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Anne & Margot Frank's copy of <i>Grimm's Fairy Tales</i>, in which Anne wrote her own and Margot's name, circa 1940. $20,000 to $30,000.
    <b>Swann Auction Galleries May 5:</b> Albert Einstein, group of 4 letters Signed to Helmut L. Bradt regarding Bradt's emigration to the U.S., one bearing Nazi censor ink stamps, 1939-40. $10,000 to $15,000.
    <b>Swann Auction Galleries May 5:</b> Archive of items from Ludwig Bemelmans to producer Mary K. Frank, concerning <i>The Street <br>Where the Heart Lies</i>, 1959-62. <br>$10,000 to $15,000.
    <b>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Archive of correspondence to<br>Edwin A. Van Valkenburg from President Theodore Roosevelt and members of his family, 1913-21. $6,000 to $9,000.
    <b>Swann Auction Galleries May 5:</b> Oscar Wilde, manuscript notes panning a book on book collecting, circa 1886. $5,000 to $7,500.
    <b>Swann Auction Galleries May 5:</b><br>John Hancock, partly-printed document Signed as Governor of Massachusetts, Boston, 1781.<br>$4,000 to $6,000.
    <b>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Franz Liszt, Autograph Letter<br>Signed to Carl Gille, Rome, 1869. $4,00 to $6,000.
    <b>Swann Auction Galleries May 5:</b> Joseph Conrad, photograph Signed and dated, 1918. $1,000 to $2,000.
    <b>Swann Auction Galleries May 5:</b><br>Two Guns White Calf, photograph postcard Signed with his pictogram, 1929. $800 to $1,200.
  • <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> Mary Stuart. Ms. Parliament document (contemp. copy). 1567. <br>Est: € 2.000
    <b>Ketterer Rare Books, May Auction:</b> Latin and French Book of Hours. About 1480. Est: € 65.000.
    <b>Ketterer Rare Books, May Auction:</b> Book of Hours by Germain Hardouyn. 1533. Est: € 18.000
    <b>Ketterer Rare Books, May Auction:</b> G. P. Gallucci, Theatrum mundi. 1588. Est: € 5.000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> J. Hill, The vegetable system. 1761-75. Est: € 60.000
    <b>Ketterer Rare Books, May Auction:</b> <br>J. Honter, Rudimentorum cosmographicorum libri III. 1549.<br>Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> Two terrestrial and celestial globes by J. G. Doppelmayr. 1789 or later. Est: € 40.000
    <b>Ketterer Rare Books, May Auction:</b> <br>G. de Maupassant, Contes choisies. 1891-92. Est: € 6.000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> <br>K. Schwitters, HahnePeter. 1924.<br>Est: € 6.000
    <b>Ketterer Rare Books, May Auction:</b> <br>I. G. Chernikhov, Iakov Georgievich, Arkhitekturnye fantazii. 1933.<br>Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> <br>E. Baj, La cravate. 1972. Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> <br>H. Bellmer & G. Bataille, Histoire de l'oeil. 1944. Est: € 3.000
  • Bonhams Fine Books and Manuscripts, 8 June 2016, New York
    Bonhams June 8: ARISTOTLE.<br>384-322 B.C.E. De animalibus <br>US$ 300,000-500,000.

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