Mr. Fine has a rather strong case. First, if New York sales tax law is like Texas (and it probably is), it is the responsibility of the BUYER not the SELLER to pay sales tax on a purchase. Mr. Fine is only the collector of the tax. As such, the state will come after the BUYER not the SELLER. The buyer should take Mr. Fine's threat of reporting the failure to pay the tax very seriously, for there is interest, fines and penalties for non-compliance with sales tax law. Secondly, again if New York law is like the Texas law, the tax exemption certificate is invalid in that the purchase was for the "use" of the purchaser and not a purchase for resale. Just my two cents.
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