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  1. #1

    Default Restaurants, bars are accused of double taxing. Is the legal action without merit?


  2. #2

    Default Re: Restaurants, bars are accused of double taxing. Is the legal action without merit

    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???

  3. #3

    Default Re: Restaurants, bars are accused of double taxing. Is the legal action without merit

    Quote Originally Posted by MustangGT View Post
    ... 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.

  4. #4

    Default Re: Restaurants, bars are accused of double taxing. Is the legal action without merit

    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?

  5. #5

    Default Re: Restaurants, bars are accused of double taxing. Is the legal action without merit

    A plaintiff generally files in the most convenient place, for the plaintiff, that the law will permit the filing to take place.

  6. Default Re: Restaurants, bars are accused of double taxing. Is the legal action without merit

    This is stupid. The people agreed to pay when they ordered and use (eat and drink) their orders. They will not win the lawsuit.

  7. #7

    Default Re: Restaurants, bars are accused of double taxing. Is the legal action without merit

    I hope you are correct.

  8. #8

    Default Re: Restaurants, bars are accused of double taxing. Is the legal action without merit

    Quote Originally Posted by MustangGT View Post
    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.

  9. Default Re: Restaurants, bars are accused of double taxing. Is the legal action without merit

    Quote Originally Posted by Thunder View Post
    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.

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