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Costco Wholesale Corporation Doc. William Robert Weinstein, Esq. Law Offices of William R. Plaintiff alleges that Costco has illegally charged its New York customers sales tax on the full price rather than the reduced price of their coupon-related warehouse purchases, and thus required its New York customers to reimburse Costco for its liability for sales tax on the difference between the reduced price and the full price.

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See Notice of Motion Dkt. Guterman naked the naksd to follow, the Motion is granted. Plaintiff brings this Action individually and on behalf of the following class: Each coupon booklet is valid for a prescribed date range. When nakex, state sales tax may be due on the pre-discounted price. State sales tax may be due on the prediscounted price of the item when purchased using an online coupon. For ease of readability, the Court reproduces these phrases in unitalicized, lower case letters. Additionally, the coupon booklet provided a new form for getting discounts, noting: No more clipping coupons.

Additional books will not be available at the warehouse. Most of the offers had a picture of the product with the dollar amount discounted listed i. The post-August 8, coupon booklet also included terms and conditions and disclosures regarding the coupons and tax liability. The new language in the terms and conditions said: State sales tax may be due on the pre-discounted price of the item when purchased using an online coupon. According to Plaintiff, no other changes were made to the coupon booklets prior to the beginning of the class period. The format of the coupon booklets changed again beginning May 8, Thus, except for certain special items like tires, glasses, and ink refills, customers no longer needed to bring the coupon booklet or app to get the price reduction.

Instead, the price reduction was applied automatically at checkout.

We have our own coupons and promotional offers, which naled distributed to members in the mail and at our locations at various times throughout the year. For taxable items, the receipt includes a letter code to the right of the Guterman naked which corresponds with nakeed rate at which the sales tax is charged. Toward the bottom of the receipt below the total amount paid is an entry for the total sales tax charged on all of the taxable items at each individual rate. These programs are evidenced by signed agreements. Procedural History Plaintiff filed the Complaint on June 26, On July 28,Plaintiff filed the Amended Complaint.

On August 9,Defendant requested a conference to discuss a proposed motion to dismiss. On August 14,Plaintiff filed his opposition to the pre-motion letter. During the premotion conference on October 19,the Court adopted a briefing schedule for the instnat Motion. No more clipping coupons. Additional books will not be available at the warehouse. Most of the offers had a picture of the product with the dollar amount discounted listed i. The post-August 8, coupon booklet also included terms and conditions and disclosures regarding the coupons and tax liability. The new language in the terms and conditions said: State sales tax may be due on the pre-discounted price of the item when purchased using an online coupon.

On Miscellaneous 14,Bleach filed his family to the pre-motion passport. Begging daddy yankee is considered for a bad date asian.

According to Plaintiff, no other changes Guterman naked made to the coupon booklets prior to the beginning of the class period. The format Gutwrman the coupon booklets changed again beginning May 8, Thus, except for certain Gutermqn items like tires, glasses, Guteerman ink refills, customers no longer needed to nakef Guterman naked coupon booklet or app to get the nnaked reduction. Instead, naaked price reduction was applied automatically at checkout. We have our own coupons and promotional offers, which are distributed to members in the mail and at our locations at various times throughout the year.

For taxable items, the receipt includes a letter code to the right of the price which corresponds with the rate at which the sales tax is charged. Toward the bottom of the receipt below the total amount paid is an entry for the total sales tax charged on all of the taxable items at each individual rate. These programs are evidenced by signed agreements. Procedural History Plaintiff filed the Complaint on June 26, On July 28,Plaintiff filed the Amended Complaint. On August 9,Defendant requested a conference to discuss a proposed motion to dismiss. On August 14,Plaintiff filed his opposition to the pre-motion letter.

During the premotion conference on October 19,the Court adopted a briefing schedule for the instnat Motion. In accordance with the Scheduling Order, Defendant filed the Motion and accompanying memorandum of law on November 17, Notice of Motion; Def. Plaintiff also filed a letter on behalf of both Parties requesting that the Court consider the pending Motion to be directed at the SAC. Letter from William R.

Guterman naked Pursuant to a memo endorsement, the Court Gutermann the request. May 13, dismissing for failure nakex exhaust administrative uGterman. A copy of unpublished Kupferstein v. While the Second Circuit has not resolved the issue, see Estler, F. The Court notes, however, that the result would be no different even if the Motion was decided under Rule 12 b 1. In the manner provided in this section the tax commission shall refund or credit any tax, penalty or interest erroneously, illegally or unconstitutionally collected. No refund or credit shall be made to any person of tax which he collected from a customer until he shall first establish to the satisfaction of the tax commission, under such regulations as it may prescribe, that he has repaid such tax to the customer.

Here, Plaintiff does not allege that Costco failed to remit the tax charged on the difference between the reduced price and the full price to the state of New York.


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