View Full Version : Restaurants, bars are accused of double taxing. Is the legal action without merit?



urbanity
08-25-2011, 09:19 AM
Double trouble

http://www.okgazette.com/oklahoma/article-12793-double-trouble.html

MustangGT
08-25-2011, 09:32 AM
Don't know about the legality. What I am mostly curious about is would they be entitled to anything more than the actual overcharge on the drinks they actually bought and consumed aka damages. They calculate a restaurant overcharged by hundreds of thousands of dollars. Since "they" did not spend that and it appears it is at best an estimation/calculation is the business responsible for paying anything more than what the actual receipt they have in evidence says? The input from OTC is not realy giving much direction on where this is going.

I am also curious why they filed in Canadian County...forum shopping???

kevinpate
08-25-2011, 10:30 AM
... I am also curious why they filed in Canadian County...forum shopping???

In the first suit listed in the article, it says the plaintiffs are from Canadian Co. I haven't looked up anything on the second suit and don't know who is or isn't tied to Canadian Co. in that action.

MustangGT
08-25-2011, 10:54 AM
I would have thought that you file in the county that has the most defendants in it? What if all the plaintiffs had been from Texas County in the panhandle?

kevinpate
08-25-2011, 01:24 PM
A plaintiff generally files in the most convenient place, for the plaintiff, that the law will permit the filing to take place.

Thunder
08-25-2011, 02:44 PM
This is stupid. The people agreed to pay when they ordered and use (eat and drink) their orders. They will not win the lawsuit.

MustangGT
08-25-2011, 03:45 PM
I hope you are correct.

Midtowner
08-25-2011, 07:24 PM
I hope you are correct.

I don't know.. it seems like a good suit except for the damages part. It's kind of iffy there. There's definitely a harm done. Figuring out who to pay how much to seems iffy.

venture
08-25-2011, 07:39 PM
This is stupid. The people agreed to pay when they ordered and use (eat and drink) their orders. They will not win the lawsuit.

The people assume they are being charged correctly and normally have no reason to doubt a business' ability to calculate tax properly. If anything, this will get awareness to the situation and get the tax commission involved in auditing businesses to make sure they are doing it correctly.