• <b><center>Sotheby’s<br>Music<br>Online Auction<br>2-13 December 2022</b>
    <b>Sotheby’s, Dec. 2-13:</b> J. Brahms. Important series of 44 autograph letters signed, to Friedrich Chrysander, mostly unpublished, 1869-1894. £80,000 to £120,000.
    <b>Sotheby’s, Dec. 2-13:</b> J. Sibelius. Remarkable collection of 22 letters signed, to Werner Janssen, 1934-1957. £10,000 to £15,000.
    <b>Sotheby’s, Dec. 2-13:</b> [Mozart, W.A.] F. Zeffirelli. Stage set design for the Covent Garden production of "Don Giovanni", signed, 1963. £1,000 to £1,500.
    <b>Sotheby’s, Dec. 2-13:</b> J. Rutter. Autograph composing manuscript of "A Ukrainian Prayer", 2022. £3,000 to £4,000.
  • <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors’ Sale<br>6th and 7th December</b>
    <b>Fonsie Mealy’s, Dec. 6-7:</b> The Corner-stone Document of Irish Freedom. 1916 PROCLAMATION OF THE IRISH REPUBLIC. £140,000 to £180,000.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Joyce's Modern Masterpiece, in its one-and-hundredth Year. Joyce (James). <i>Ulysses.</i> Paris, Shakespeare & Co. 1922. £15,000 to £25,000.
    <b>Fonsie Mealy’s, Dec. 6-7:</b>A Request from Mr. Joyce. Joyce (James). Autograph Letter Signed to 'Dear Mr [Thomas] Pugh,' dated 6.8.1934. £6,000 to £8,000.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors’ Sale<br>6th and 7th December</b>
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Dun Emer Press: Yeats (Wm. Butler). <i>Stories of Red Hanrahan,</i> 8vo Dundrum 1904. Signed by Author. £1,000 to £1,500.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Binding: <i>Specimens of Early English Poets,</i> 8vo Lond. (For Edwards, Pall Mall) 1790. £500 to £700.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Harry Clarke: Walter (L. D'O.) <i>The Years at the Spring,</i> An Anthology of Recent Poetry. 4to New York (Brentano's) 1920. Special signed limited edition. £1,500 to £2,000.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors’ Sale<br>6th and 7th December</b>
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Kipling (Rudyard). <i>Works,</i> including Writings, Novels, Poems etc. Bombay Edition, 31 vols. roy 8vo Lond. (MacMillan & Co.) 1913-1938. Signed by Author. £1,500 to £2,000.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Dunraven (Edwin, Third Earl of). <i>Notes on Irish Architecture,</i> Ed. by Margaret Stokes, 2 vols. lg. folio Lond. 1875-1877. Castle Hackett copy. £1,500 to £2,400.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Kirby (Wm.) & Spence (Wm.) <i>An Introduction to Entomology,</i> 4 vols. 8vo Lond. 1822. With hand-coloured plates. £200 to £300.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors’ Sale<br>6th and 7th December</b>
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Heaney (Seamus). <i>Death of a Naturalist,</i> 8vo Lond. (Faber & Faber) 1966 First Edition - Third Impression. Signed, & inscribed on title page 'Seamus Heaney’. £800 to £1,200.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Glasgow Printing: Homer - <i>Iliad and Odyssey,</i> 4 vols. in 2, Glasgow (Robert & Andrew Foulis) 1756-1758. £1,0000 to £1,500.
  • <b><center>Aste Bolaffi<br>Rare Books and Autographs<br>December 14-15, 2022</b>
    <b>Aste Bolaffi, Dec. 14-15:</b> Two first editions by Adrian Spigelius in a Sammelband: <i>De humani corporis fabrica</i> from 1627 and <i>De formato foetu</i> from 1626. €15,000 to €20,000.
    <b>Aste Bolaffi, Dec. 14-15:</b> Splendid coloured copy by Frederick De Wit, <i>Atlas maior,</i> Amsterdam, 1705. €20,000 to €30,000.
    <b>Aste Bolaffi, Dec. 14-15:</b> First edition by Marco Ricci, <i>Varia Marci Ricci Pictoris prestantissimi Experimenta,</i> Venice, Orsolini, 1723-1730. €20,000 to €25,000.
    <b><center>Aste Bolaffi<br>Rare Books and Autographs<br>December 14-15, 2022</b>
    <b>Aste Bolaffi, Dec. 14-15:</b> First edition by MicheleMarieschi, <i>Magnificentiores selectioresque Urbis Venetiarum prospectus,</i> Venice, 1741. €30,000 to €40,000.
    <b>Aste Bolaffi, Dec. 14-15:</b> Magnificent album by Louis-Leopold Boilly, Collection de dessins, calques et acquerelles, 1822. €20,000 to €25,000.
    <b>Aste Bolaffi, Dec. 14-15:</b> Rare musical score by Gioachino Rossini from 1858. €6,500 to €7,500.
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>1st December 2022</b>
    <b>Forum, Dec. 1:</b> Illuminated manuscript.- Psalter, Use of Liège, in Latin, illuminated manuscript on vellum, Southern Netherlands (Liège), [c.1270]. £70,000 to £90,000.
    <b>Forum, Dec. 1:</b> Troy.- Early English provenance.- Columna (Guido de). <i>Historia destructionis Troiae,</i> first edition, one of only four known books from this press, [The Netherlands, ?Utrecht], [c.1477-1479]. £25,000 to £35,000.
    <b>Forum, Dec. 1:</b> Shute (John). <i>The First and Chief Groundes of Architecture,</i> first edition, 1563; bound with Palladio's Quattro Libri dell'Architettura, 1570. £20,000 to £30,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>1st December 2022</b>
    <b>Forum, Dec. 1:</b> Martin (John). <i>Paradise Lost: By John Milton,</i> first edition in the original 12 parts, Imperial Quarto issue, Septimus Prowett, 1825-26. £12,000 to £16,000.
    <b>Forum, Dec. 1:</b> Sagittarius and a medieval town scene with peat barges on a canal as merchants meet and talk and another man cuts wood, Netherlands or Western Germany [perhaps Cologne], 1460-70. £10,000 to £15,000.
    <b>Forum, Dec. 1:</b> Stoker (Bram). <i>Dracula,</i> first edition, later issue, Graham Greene's copy, Westminster, Archibald Constable & Co., 1897. £8,000 to £12,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>1st December 2022</b>
    <b>Forum, Dec. 1:</b> Gillray (James). <i>The Plumb-pudding in danger: -or- State Epicures taking un Petit Souper,</i> etching with hand-colouring, 1805. £6,000 to £8,000.
    <b>Forum, Dec. 1:</b> Darwin (Charles). Autograph Letter signed to his cousin Reginald Darwin, 1879, announcing his intention to have translated and add a preface to Ernst Krause's sketch of Dr Erasmus Darwin's life. £6,000 to £8,000.
    <b>Forum, Dec. 1:</b> By the Congress of the United States of America. Manifesto. "These United States, having been driven to hostilities by the oppressive and tyrannous measures...,” bound with others, 1778. £6,000 to £8,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>1st December 2022</b>
    <b>Forum, Dec. 1:</b> Polar.- Benham (Daniel). <i>Sketch of the Life of Jan August Miertsching, Interpreter of the Esquimaux Language to the Arctic Expedition on Board H.M.S. "Investigator", Captain M'Clure,</i> first edition, 1854. £5,000 to £7,000.
    <b>Forum, Dec. 1:</b> Woman artist.- Unthank (Mary, née Williams). An album of 120 watercolours of views from Italy, Switzerland, France and England; with associated manuscript travel diary, 1860s-1870s. £4,000 to £6,000.
    <b>Forum, Dec. 1:</b> Gill (Eric).- Chaucer (Geoffrey). <i>Troilus and Criseyde,</i> number 159 of 225 copies on hand-made paper, Golden Cockerel Press, 1927. £3,000 to £4,000.

Rare Book Monthly

Articles - February - 2018 Issue

U.S. Supreme Court Will Again Consider Allowing States to Require Out-of-State Retailers to Collect Their Sales Taxes

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The happy Wayfair customers may not be so happy anymore if they have to pay sales tax (image from Wayfair Ad.).

The ability of states to require out-of-state retailers, which would include most rare and antiquarian booksellers, to collect their sales taxes will again come before the United States Supreme Court. Twice before, the Supreme Court has shot down such attempts by the states, but while the Court rarely reverses its past decisions, don't count on the mail order and internet retailers prevailing again. There are reasons to believe the third time may be a charm for the state taxing authorities and their allies, the retailers who sell from local stores.

 

Fifty years ago, the Supreme Court, in a case known as Nat'l Bellas Hess, determined that states were not legally able to require out-of-state sellers to collect their sales tax on items they sold and shipped to customers in their state. There were obvious issues of the extreme difficulty in retailers trying to keep track of all the state and local entities on whose behalf they would have to collect the right amount of tax and make payments thereto. However, inconvenience is not a constitutional issue. Overriding this issue is the Commerce Clause of the U. S. Constitution. It gives exclusive authority to regulate interstate commerce to the federal government. Therefore, if the out-of-state company had some sort of physical presence, or "nexus" within the state, such as a store, warehouse, or sales office, they became an instate retailer who could be compelled to collect sales taxes, even if the goods were shipped from afar. That was sufficient to make that retailer one of the state's own. However, without such "nexus," the retailer could not be required to collect sales taxes. That is why you will often see a mail order or internet seller say to add sales tax only if you live in one or more specific states. Those state(s) have nexus.

 

Twenty-five years later, the Supreme Court revisited the situation in a case known as Quill. The Court reaffirmed the Bellas Hess ruling, though in a reluctant manner. It took note of the increasing significance of mail order sales and lost sales tax revenue, but the Court is loathe to overturn in its own precedents. However, it more or less invited Congress to enact legislation to enable states to require out-of-state retailers to collect their sales tax. Since they had ruled that interstate commerce was in the sole purview of the federal government, it implied the federal government could enact legislation authorizing the states to demand their sales taxes be collected on goods sold in interstate commerce.

 

That was 1992. A lot has happened since then. The internet was invented. Untaxed sales have skyrocketed since the days when only traditional catalogue mail order was an issue. Amazon came and grew to become the nation's largest retailer. However, Amazon began opening warehouses, then stores, acquiring nexus in many states, and finally bent to pressure and began collecting taxes for sales in all states. Amazon itself is no longer an issue, but many other large internet sellers, and almost all small ones, do not collect sales taxes. That includes smaller, independent retailers who sell through Amazon, about half of the sales on Amazon's website.

 

Meanwhile, some U. S. legislators attempted to take up the Supreme Court's suggestion by proposing bills to provide the necessary federal authorization for states to collect sales taxes. Twenty-five years later, none of them have gone anywhere. The states' governors and legislatures have promoted these bills, but those states' federal senators and representatives have declined to pass them. No one wants to go on record as raising their constituents' taxes. None of these bills ever made it to a vote.

 

Now, something else has happened to make it more likely the Supreme Court will reverse itself. Justice Kennedy, a "no" vote in 1992, who reluctantly voted to uphold precedent, has all but proclaimed he will vote the other way this time around. The latest justice, Neil Gorsuch, has also advocated a reversal of the precedent. And now, the Supreme Court has agreed to decide the issue once again, in a case labeled South Dakota v. Wayfair, Inc. Wayfair may have just what the states need.

 

South Dakota initiated a challenge to Quill by passing a law that ran in its face, demanding out-of-state retailers collect their sales taxes. When Wayfair, Overstock, and New Egg refused, the state sued them. The case went to the South Dakota Supreme Court which ruled for the online retailers, as expected. The South Dakota court was sympathetic to the state, but ruled that it had no choice but to uphold the U.S. Constitution as interpreted by the U. S. Supreme Court in its earlier decision. That set up what South Dakota wanted, a chance to appeal the case to the U.S. Supreme Court and try to convince it to reverse that earlier decision. The U.S. Supreme Court declines to even listen to most appeals. It is already a warning sign to those who wish internet sales to remain mostly sales tax-free that the court has agreed to hear the case anew.

 

South Dakota argues that the ability of online retailers to avoid collecting sales taxes has a devastating effect on state revenues, harms local retailers that are at a competitive disadvantage because they do have to collect them, and questions whether the whole Bellas Hess/Quill precedent is good law in the first place. The lost tax revenue, the state argues, forces states to raise sales taxes even higher to make up for it, making local retailers even less competitive. Perhaps, but it should be noted that five states, Alaska, Delaware, Montana, New Hampshire, and Oregon, collect no sales taxes at all, and yet somehow manage to survive. There are other taxes available and widely used, such as income, property, utility, business, and various fees. The federal government, with its enormous budget, does not impose a sales tax.

 

The amount of money lost is not insignificant. South Dakota referenced a study that estimates the states will lose $33.9 billion in revenue due to uncollected sales taxes in 2018, $211 billion from 2018-2022. Of course, we all know who will have to pay that lost revenue, which is to say this is effectively a large tax increase.

 

South Dakota has been joined by 34 other states in asking the Supreme Court to overturn its old decision. That's 35 out of 50 states, and yet the federal legislators from those same states, who could reverse the effect of that decision by simply passing a bill, adamantly refuse to do so. That is a contradiction. What is the will of the people?

 

We should note one other danger in the court overturning this long-running precedent, rather than allowing the states, through their elected representatives in Washington, to make this decision. The unpassed bills in Washington, and the South Dakota legislation, all provide an exemption for smaller retailers. Some also provide for a unified collection system. The assumption is that large retailers will have access to computer software programs that make the assessment and collection of all of these taxes easy, something impossible in the old mail order days. South Dakota exempts retailers with either less than $100,000 in sales or fewer than 200 transactions in the state per year from collecting their taxes. However, if the U.S. Supreme Court drops the constitutional bar to states requiring out-of-staters from having to collect these taxes, there will be no limits on what a state can impose. It will be each state's constitutional right to place whatever demands it wants on out-of-state sellers.

 

The Wayfair case is expected to be heard by the court in April, with a decision to come down in June.


Posted On: 2018-02-01 18:23
User Name: davereis

So, assuming a reversal, would the state where the item originates also tax the seller? If so, the sale would be taxed by two states. Is this constitutional?
If no to the above (IE- the sale only would be taxed in the buyer's state), the state where the buyer resides would make more money in those cross-state sales, but would lose money in cases where a seller in same state would selll to a buyer in another state.
Seems legally dubious in the first case, and a waste of time (and possibly an overall loss for some states) in the latter. And a headache for all!


Posted On: 2018-02-01 22:48
User Name: AE244155

Only the state to which the item is shipped would apply sales tax. Just as now, if a dealer ships an item to an out-of-state location, his home state will not collect sales tax. The difference is the buyer's home state will now collect sales tax, or more exactly, the seller will have to collect sales tax on behalf of that other state, and send it to that state. Hopefully, there will be software available that will compute all this for the seller, and if the states are helpful, provide one central location to which dealers can make payment. However, if the Supreme Court reverses itself, there is no guarantee that the states will make the collecting and remitting process easier on dealers.


Rare Book Monthly

  • <b><center>Leland Little Auctions<br>The Signature Winter Auction<br>December 3, 2022</b>
    <b>Leland Little, Dec. 3:</b> Brinkley, Francis. <i>The Art of Japan,</i> Boston, 1897. The very rare complete Shogun edition. $4,000 to $8,000.
    <b>Leland Little, Dec. 3:</b> Sun Tzu. <i>Art Militaire des Chinois, ou recueil d'ancins traités sur la guerre composés avant l'ere chrétienne, par différents généraux chinois,</i> Paris, 1772. First European edition. $2,000 to $4,000.
    <b>Leland Little, Dec. 3:</b> First English Translation, St. Augustine's <i>Of the Citie of God: With the Learned Comments of Io. Lod. Vives…,</i> London, 1610. $2,500 to $3,500.
    <b><center>Leland Little Auctions<br>The Signature Winter Auction<br>December 3, 2022</b>
    <b>Leland Little, Dec. 3:</b> Philipp Franz von Siebold (1796-1866). Five <i>Nippon</i> Folios on Japan, 1832 [and] later 19th century [and] 1931. $1,000 to $2,000.
    <b>Leland Little, Dec. 3:</b> Mason (George Henry). <i>The Punishments of China, Illustrated by Twenty-Two Engravings: with Explanations in English and French,</i> London, 1808/1817. $800 to $1,200.
    <b>Leland Little, Dec. 3:</b> Hobbes, Thomas (of Malmesbury). <i>Leviathan, or the Matter, Form, and Power of a Common-wealth Ecclesiastical and Civil,</i> London, “1651,” ca. 1680. $800 to $1,200.
  • <center><b>Swann Auction Galleries<br>Maps & Atlases, Natural History & Color Plate Books<br> December 8, 2022</b>
    <b>Swann December 8:</b> Friedrich Justin Bertuch, <i>Bilderbuch für Kinder,</i> Weimar, 1792, 1798, 1802, 1805, 1822. $1,200 to $1,800.
    <b>Swann December 8:</b> Sebastian Münster, <i>Novae Insulae XXVI Nova Tabula,</i> Basel, 1552. $2,500 to $3,500.
    <b>Swann December 8:</b> Sebastian Münster & Hans Holbein, <i>Typus Cosmographicus Universales,</i> Basel, 1532. $7,000 to $10,000.
    <b>Swann December 8:</b> Franz Unger, <i>Die Urwelt in Ihren Verschiedenen Bildungsperioden,</i> 16 tinted lithographed plates, Weigel, 1858. $1,000 to $1,500.
    <b>Swann December 8:</b> Charles Varle, Wiliam Warner & Andrew Hanna, <i>Plan of the City of Environs of Baltimore,</i> Baltimore, 1801. $8,000 to $12,000.
  • <b><center>Gonnelli Auction House<br>HISTORICAL PHOTOGRAPHS<br>“From the grand Tour in Italy to the journey to the East”<br>1st of December 2022</b>
    <b>Gonnelli Dec. 1st:</b> Fratelli Alinari, Alphonse Bernoud, Album with 15 photographs of Florence and Siena, 1860 - 1865. Starting Price: €1.500,00.
    <b>Gonnelli Dec. 1st:</b> Fratelli Alinari, Lucca. Church of San Michele, 1856. Starting Price: €1.500,00.
    <b>Gonnelli Dec. 1st:</b> Tommaso Cuccioni, Roma. Colosseo, 1854 - 1855. Starting Price: €800,00.
    <b>Gonnelli Dec. 1st:</b> Antonio Fortunato Perini, Venezia. Ca’ D’Oro, 1853 – 1855. Starting Price: €1.000,00.
    <b>Gonnelli Dec. 1st:</b> Lot of 51 photographs by Studio Incorpora: landscapes and views of Sicily, 1885 - 1890. Starting price: €1.200,00.
    <b>Gonnelli Dec. 1st:</b> Lehnert & Landrock. View of the Tunisian desert, 1904 - 1914. Starting price: €300,00.
    <b>Gonnelli Dec. 1st:</b> Lehnert & Landrock. Tunisia. Night landscape with nomads at the shores of a lake. Starting price: €400,00.
    <b>Gonnelli Dec. 1st:</b> Vittorio Sella, Aiguille du Midi, from the Col du Midi, 1881. Starting price: €1.000,00.
    <b>Gonnelli Dec. 1st:</b> Fratelli Alinari. Florence. Giotto's Bell Tower, 1858 - 1860. Starting price: €1.500,00.
  • <center><b>19th Century Rare Book & Photograph Shop<br>Catalogue 195<br>Magnificent Books & Manuscripts<br>Free on request</b>
    <b>19th Century Shop, Catalogue 195:</b> Benjamin Franklin on Electricity. Inscribed presentation copy.
    <b>19th Century Shop, Catalogue 195:</b> Frederick Douglass. Letter on civil war and the end of slavery.
    <b>19th Century Shop, Catalogue 195:</b> Carleton Watkins. A major American West photo album.
    <b>19th Century Shop, Catalogue 195:</b> Einstein. General Theory of Relativity inscribed by Einstein.
    <b>19th Century Shop, Catalogue 195:</b> The Federalist. Rare deluxe thick-paper copy.
    <b>19th Century Shop, Catalogue 195:</b> Emma Johnston. Archive of 350 salt prints by a Victorian female photographer.
  • <b>Bonhams, Dec. 13:</b> KEPLER INVESTIGATES PLANETARY MOTION. KEPLER, JOHANNES. 1571-1630. $400,000 to $600,000
    <b>Bonhams, Dec. 13:</b> THE FINAL ILLUSTRATION OF POOH AND PIGLET IN THE HUNDRED ACRE WOOD. $250,000 to $350,000
    <b>Bonhams, Dec. 13:</b> GUTENBERG BIBLE LEAF. $60,000 to $90,000
    <b>Bonhams, Dec. 13:</b> ORTELIUS, ABRAHAM. 1527-1598. $20,000 to $30,000
    <b>Bonhams, Dec. 13:</b> KNIGHT, HILARY. "Christmas Dinner at Maxime de la Falaise's" $4,000 to $6,000
    <b>Bonhams, Dec. 13:</b> GERSHWIN WORKING MUSICAL MANUSCRIPT PAGE FROM <i>OF THEE I SING.</i> $3,000 to $5,000
    <b>Bonhams, Dec. 13:</b> GILBERT, W.S. Original typed manuscript for <i>The Story of the Mikado.</i> $20,000 to $30,000
    <b>Bonhams, Dec. 13:</b> FINAL TYPED MANUSCRIPT FOR V.C. ANDREWS CLASSIC <I>FLOWERS IN THE ATTIC.</I> $4,000 to $6,000
    <b>Bonhams, Dec. 13:</b> ANNOTATED TYPESCRIPT DRAFT FOR KIPLING'S FINAL MOWGLI STORY. $20,000 to $30,000
    <b>Bonhams, Dec. 13:</b> PRESENTATION COPY OF GUYS AND DOLLS. $12,000 to $18,000
    <b>Bonhams, Dec. 13:</b> CHARLES DICKENS' CHINA INKWELL FEATURING A BEE READING, FROM GAD'S HILL. $6,000 to $8,000
    <b>Bonhams, Dec. 13:</b> NELSON'S BATTLE PLAN FOR TRAFALGAR. $200,000 to $300,000

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