• Dominic Winter Auctioneers
    May 14
    Printed Books & Maps, Travel, Atlases & Exploration
    Dominic Winter, May 14: (Choiseul-Gouffier, Marie). Voyage Pittoresque de la Grece, 2 vols, 1st edition, 1782-1822. £2,000-3,000
    Dominic Winter, May 14: Gentlemen's Magazine and Historical Chronicle, by Sylvanus Urban, 11 volumes. £700-1,000
    Dominic Winter, May 14: Shackleton (Ernest). The Heart of the Antarctic, 2 vols, 1st ed, presentation copy, 1909. £2,000-3,000
    Dominic Winter Auctioneers
    May 14
    Printed Books & Maps, Travel, Atlases & Exploration
    Dominic Winter, May 14: Drayton (Michael). Poly Olbion..., London: 1622. £2,000-3,000
    Dominic Winter, May 14: Scheuchzer (Johann Jacob). Ouresiphoites Helveticus, 4 parts in 1, 2nd ed, 1723. £3,000-4,000
    Dominic Winter, May 14: Roberts (Henry, after). Chart of the NW Coast of America and NE Coast of Asia ..., [1784]. £500-800
    Dominic Winter Auctioneers
    May 14
    Printed Books & Maps, Travel, Atlases & Exploration
    Dominic Winter, May 14: World. Maffei (Giovanni), Indiarum orientalium Occidentaliumque Descriptio..., 1589. £1,200-1,500
    Dominic Winter, May 14: World. Ortelius (Abraham), Typus Orbis Terrarum, [1598]. £2,000-3,000
    Dominic Winter, May 14: Bible [English]. [The Holy Bible, Conteyning the Old Testament, and the New..., 1613]. £2,000-3,000
    Dominic Winter Auctioneers
    May 14
    Printed Books & Maps, Travel, Atlases & Exploration
    Dominic Winter, May 14: Taylor (John). All the Workes of John Taylor the Water-Poet..., 1630. £1,000-1,500
    Dominic Winter, May 14: Pierpont Morgan Collection. Catalogue of the Morgan Collection of Chinese Porcelains, 1904 & 1906. £2,000-3,000
  • Swann, May 15: Lot 4: Helena Bochoráková-Dittrichová, Z Mého Detství Drevoryty, Prague: Obzina, 1929. First trade edition, signed by the artist. $4,000 to $6,000.
    Swann, May 15: Lot 10: Nancy Cunard, Negro Anthology, with a tipped-in A.L.S. to Karl Marx's niece, 1934. First edition. $3,000 to $5,000.
    Swann, May 15: Lot 14: Margaret Fuller, Woman in the Nineteenth Century, 1845. First edition. $4,000 to $6,000.
    Swann, May 15: Lot 17: Lorraine Hansberry, A Raisin in the Sun, inscribed first edition, 1959. $2,000 to $3,000.
    Swann, May 15: Lot 28: Margaret Hill Morris, Private Journal Kept during a Portion of the Revolutionary War, for the Amusement of a Sister, 1836. First edition. $3,000 to $4,000.
    Swann, May 15: Lot 38: Anna Sewell, Black Beauty: The Autobiography of a Horse, 1877. First edition. $3,000 to $5,000.
    Swann, May 15: Lot 43: Gertrude Stein, Portrait of Mabel Dodge at the Villa Curonia, signed presentation copy with photograph of Stein, 1912. First edition. $8,000 to $12,000.
    Swann, May 15: Lot 48: Virginia Woolf, To the Lighthouse, first edition in the scarce dust jacket, 1927. $6,000 to $8,000.
    Swann, May 15: Lot 54: Katherine Dunham, large archive of material from her attorney, 1951-53. $20,000 to $30,000.
    Swann, May 15: Lot 55: Margaret Fuller Signed Autograph Letter, New York City, 1846. $3,000 to $5,000.
    Swann, May 15: Lot 92: Sonia Delaunay, illus. & Tristan Tzara, Juste Present, deluxe edition with original gouache, 1961. $20,000 to $25,000.
    Swann, May 15: Lot 93: Flor Garduño, The Sonnets of Shakespeare, 2006. Limited edition. $6,000 to $8,000.
  • Ketterer Rare Books
    Auction May 26th
    Ketterer, May 26: Th. McKenney & J. Hall, History of the Indian tribes of North America, 1836-1844. Est: €50,000
    Ketterer, May 26: Biblia latina vulgata, manuscript on thin parchment, around 1250. Est: €70,000
    Ketterer, May 26: M. Beckmann, Fanferlieschen Schönefüßchen, 1924. Est: €10,000
    Ketterer Rare Books
    Auction May 26th
    Ketterer, May 26: A. Ortelius, Theatrum orbis terrarum, 1574. Est: €50,000
    Ketterer, May 26: M. S. Merian, Eurcarum ortus, alimentum et paradoxa metamorphosis, 1717-18. Est: €6,000
    Ketterer, May 26: PAN, 9 volumes, 1895-1900. Est: €12,000
    Ketterer Rare Books
    Auction May 26th
    Ketterer, May 26: Breviarium Romanum, Latin manuscript, 1474. Est: €15,000
    Ketterer, May 26: Quran manuscript from the Saadian period, Maghreb, 16th century. Est: €10,000
    Ketterer, May 26: E. Hemingway, The old man and the sea, 1952. First edition in first issue jacket. Presentation copy. Est: €3,000
    Ketterer Rare Books
    Auction May 26th
    Ketterer, May 26: Flavius Vegetius Renatus, De re militari libri quatuor, 1553. Est: €3,000
    Ketterer, May 26: K. Marx, Das Kapital, 1867. Est: €30,000
    Ketterer, May 26: Brassaï, Transmutations, 1967. Est: €6,000
  • Leland Little, May 21: Signed Artist Proof of the Monumental G.O.A.T.: A Tribute to Muhammad Ali.
    Leland Little, May 21: Assorted Rare Publications Related to H.P. Lovecraft, Including The Recluse Signed by Vincent Starrett.
    Leland Little, May 21: Two Issues of The Vagrant, Including the First Appearance of H.P. Lovecraft's "Dagon" in Number Eleven.
    Leland Little, May 21: Rare First Printing of Anne of Green Gables, With ALS from the Author.
    Leland Little, May 21: First Edition of Hemingway's The Old Man and the Sea, In First Issue Jacket.
    Leland Little, May 21: The Limited Paumanok Edition of The Complete Writings of Walt Whitman.
    Leland Little, May 21: Beautifully Bound Limited Flaubert Edition of The Works of Guy de Maupassant.
    Leland Little, May 21: First Edition of Bonaparte's Celebrated American Ornithology, With Spectacular Hand-Colored Plates.
    Leland Little, May 21: A Rare Complete Set of Jardine's The Naturalist's Library, With Hand-Colored Plates.
    Leland Little, May 21: Invitation to the Lincoln-Johnson National Inaugural Ball, March 4th, 1865.
    Leland Little, May 21: A Scarce Inscribed First Edition of James Baldwin's Nobody Knows My Name.
    Leland Little, May 21: Picasso's Le Goût du Bonheur, Limited Edition.

Rare Book Monthly

Articles - January - 2014 Issue

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

The U. S. Supreme Court building.

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

  • Sotheby's
    Sell Your Fine Books & Manuscripts
    Sotheby’s: The Shem Tov Bible, 1312 | A Masterpiece from the Golden Age of Spain. Sold: 6,960,000 USD
    Sotheby’s: Ten Commandments Tablet, 300-800 CE | One of humanity's earliest and most enduring moral codes. Sold: 5,040,000 USD
    Sotheby’s: William Blake | Songs of Innocence and of Experience. Sold: 4,320,000 USD
    Sotheby’s: The Declaration of Independence | The Holt printing, the only copy in private hands. Sold: 3,360,000 USD
    Sotheby's
    Sell Your Fine Books & Manuscripts
    Sotheby’s: Thomas Taylor | The original cover art for Harry Potter and the Philosopher's Stone. Sold: 1,920,000 USD
    Sotheby’s: Machiavelli | Il Principe, a previously unrecorded copy of the book where modern political thought began. Sold: 576,000 GBP
    Sotheby’s: Leonardo da Vinci | Trattato della pittura, ca. 1639, a very fine pre-publication manuscript. Sold: 381,000 GBP
    Sotheby’s: Henri Matisse | Jazz, Paris 1947, the complete portfolio. Sold: 312,000 EUR
  • Gonnelli
    Auction 59
    Antique prints, paintings and maps
    May 20th 2025
    Gonnelli: Pietro Aquila, Psyche and Proserpina,1690. Starting price 140€
    Gonnelli: Jacques Gamelin, Memento homo quia pulvis es et in pulverem reverteris, 1779. Starting price 300€
    Gonnelli: Giorgio Ghisi, The final Judgement, 1680. Starting price 480€
    Gonnelli
    Auction 59
    Antique prints, paintings and maps
    May 20th 2025
    Gonnelli Goya y Lucientes Francisco, Los Proverbios.1877. Starting price 1000 €
    Gonnelli: Domenico Peruzzini, Long bearded old man, 1660. Starting price 2200€
    Gonnelli: Enea Vico, Leda and the Swan,1542. Starting price 140€
    Gonnelli
    Auction 59
    Antique prints, paintings and maps
    May 20th 2025
    Gonnelli: Andrea Del Sarto [school of], San Giovanni Battista, 1570. Starting price 25000€
    Gonnelli: Carlo Maratta, Virgin Mary and Jesus, 1660. Starting Price 1200€
    Gonnelli: Louis Brion de La Tour, Sphére de Copernic Sphere de Ptolemée / Le Systême de Ptolemée. Le Systême de Ticho-Brahe…, 1766. Starting price 180€
    Gonnelli
    Auction 59
    Antique prints, paintings and maps
    May 20th 2025
    Gonnelli: Marc’Antonio Dal Re, Ville di Delizia o Siano Palaggi Camparecci nello Stato di Milano Divise in Sei Tomi Con espressevi le Piante…, Tomo Primo, 1726. Starting price 7000€
    Gonnelli: Katsushika Hokusai, Bird on a branch, 1843. Starting price 100€

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