MadisonCoCourthouseMadison County Tennessee now has two firsts. The county was the first in Tennessee to pass a 2nd Amendment Preservation Resolution against federal gun control schemes, and now it is the first in Tennessee to pass an Internet Sales Tax Opposition Resolution.

The resolution is intended to protest and push back against the federal government’s efforts toward passage of an internet sales tax.

Commissioner Adrian Eddleman told the Tennessee Tenth Amendment Center that the resolution passed the Madison County Commission with the support of 15 out of 25 county commissioners.

The full text of the “Internet Sales Tax Opposition Resolution” is below.

A resolution, which shall be known and may be cited as the “Internet Sales Tax Opposition Resolution.” To prevent federal misuse of the commerce clause; oppose additional taxation on American citizens; nullifying all federal acts in violation the Constitution of the United States.

Whereas, in the case of Quill Corporation v. North Dakota 504 U.S. 298 (1992), the United States Supreme Court ruled that businesses that do not have a “physical presence” in a state cannot be forced to collect that state’s sales tax; and

Whereas, the Marketplace Fairness Act (S. 336/HR 684) would overturn Quill and authorize states to “deputize” Internet merchants to collect sales taxes; and

Whereas, the Quill decision protects online businesses from having to incur the costs of acting as a tax collector for all 50 states, and it prevents companies from having to pay taxes to a state government where they have no representation; and

Whereas, the ability to shop online without paying exorbitant state sales taxes has been a major factor behind the growth of online commerce, creating new businesses and jobs and benefiting consumers; and

Whereas, burdening the Internet with new taxes and regulations will harm the American economy at a time when many Americans are struggling to find jobs and provide for themselves and their families; and

Whereas, the National Internet Sales Tax Mandate represents a major tax increase on every American; and

Whereas, the National Internet Sales Tax Mandate forces online businesses across the country to know the details of each state and locality’s sales tax laws, thus creating a different pricing structure for each customer depending on where they live. These companies would then have to figure out how much tax they owe each state and locality and send the corresponding payments; and

Whereas, these compliance costs will further raise the prices of goods purchased; and

Whereas, the compliance costs of the National Internet Sales Tax Mandate will discourage the growth of Internet-based businesses, hampering the development of the most dynamic sector of the American economy; and

Whereas, the National Internet Sales Tax Mandate could encourage states to raise their sales taxes instead of addressing their fiscal crises with serious spending cuts and reforms; and

Whereas, the original intent of the Commerce Clause was to enable Congress to guarantee free trade among the states by ensuring states could not impose onerous regulations or taxes on out-of-state businesses; and

Whereas, the National Internet Sales Tax Mandate, by giving states the power to level taxes on interstate transactions, perverts and corrupts the use of the Commerce Clause;

Now, therefore be it resolved that the Madison County Commissioners hereby opposes any National Internet Sales Tax;

Be it further resolved that the Madison County Commission calls on Senator Lamar Alexander to remove his name as a cosponsor of S. 336, the Senate version of the National Internet Sales Tax Mandate;

Be it further resolved that the Madison County Commission calls on Representatives John Duncan and Steve Cohen to remove their names as cosponsors of HR 684, the House version of the National Internet Sales Tax Mandate;

Be it further resolved that the Madison County Commission calls on all members of the Tennessee Congressional Delegation to publicly pledge to oppose the National Internet Sales Tax Mandate;

Be it further resolved that the Madison County Commission calls on Governor Bill Haslam to officially withdraw his support of the National Internet Sales Tax Mandate.

Be it further resolved that the Madison County Commission calls upon the state of Tennessee to adopt and enact any and all measures in opposition to any potential national internet sales tax for Tennessee residents or the collection thereof by any internet merchants based in Tennessee.

Be it further resolved that this body directs the office of the County Executive/Mayor to provide a copy of this resolution to the Tennessee US Senate delegation, the Tennessee US Congressional delegation, the Tennessee Governor’s office, Tennessee General Assembly Members and all Tennessee counties and requests each County Legislature to join in passing this resolution and forwarding it to their state and national delegations.

Lesley Swann

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