Mayor Frank Guinta and Howie on taxes

" About this this this outrageous. New development it's not a new develop my guess is being going on winding its way -- through the through the bureaucracy and it's now in the court system. But the Commonwealth of Massachusetts. Is trying to compel. A eight chain of tire stores that has six tire stores in New Hampshire. To. Monitor. Who the customers are and to collect -- the 5% Massachusetts sales tax. From Massachusetts residents who get there. Tires. In New Hampshire. And it is it's it's just seems to be opening it complete can of worms here I mean we're word is weird is this in the mean how does the tire store know whether you're from New Hampshire or for mom Massachusetts. Suppose you're bringing in someone else's car. In today and in -- who why is that why is the higher stork. Compelled to what take down this information referral for another state. And it's just it's it's really up it's going up before the Supreme Court now. The the tire chain. Is has hired a a Boston law firm to fight this little bit obviously don't want to have to collect as the New Hampshire state retail merchants association's. Are very angry. About this this and there's other questions that are involved which is Arafat if I buy said this glorified by a products down here. A paper products and have a 5% sales tax but I'm going to take them up to my place in Lincoln New Hampshire do I have to pay the sales tax on that from the human use -- in New Hampshire where there's no sales tax. So. Anyway the the the foray has been joined today by mayor Franklin of a Manchester, New Hampshire. He sent a letter to was to the governor John Lynch and the of the attorney general asking them to watt. File friend of the court brief. Two on on behalf of the tire chain to try to work to try to prevent this from happening. And majority is now on the new line is mayor frank good -- from Manchester, New Hampshire thanks for be aware this mayor -- my pleasure how it was today you know you're you're you're a little ways from the border I mean this doesn't directly affect Manchester -- may -- running for governor."

" And no we actually have one of the stores. In Manchester. Yeah one of the -- tire centers is here in our city and I eighty have. I feel a personal -- first of all to the fact they're. That Massachusetts is trying to essentially. Implement a sales tax outside of the commonwealth number one and number two I think it's very important for. For me to represent. That the business community and taxpayers in the state to say that this is not right I think it. Personally violates the US constitution. As well as the sovereignty the signature."

" And -- what what role they can -- you see a you know way the a war sort of a trade war breaking out I mean you know present Obama's now had this problem with the European. Union they forced him to say he you know to take back his in his new campaign to buy American because you see a trade war breaking out between New Hampshire and Massachusetts --"

" I think now -- started a few weeks ago when we were talking about tolls on which side of the border. The idea that Governor Patrick disinterested in trying to the attacks people from New Hampshire. That it's started already and now this is who faced two and my concern really is if this actually is the court. Find in favor of the department of revenue from Massachusetts. This can then be extended and apply to any business in New Hampshire or any other state in the country for that matter. And they did to me it's unconscionable. That this is the tactic that is taken. To try to legislate outside of your own borders. And to have you know Massachusetts policy applied to any other states in the country it is just beyond me there's got to be a better way for the governor to dig himself out of that's -- always got Massachusetts. Massachusetts --"

" Now doesn't doesn't New Hampshire have a higher -- meals tax that Newt didn't Massachusetts."

" I think our meals tax is a little bit higher yes."

" So -- when New Hampshire when New Hampshire people come down the Boston red meat or should they demand to be charged the other -- or meals tax."

" Okay well you better -- the food that I guess we put the doggy bag. You know build will be. A charge that."

" Might in another question I've been thinking about is you don't go to Florida and a couple of weeks in my in my going to have to Obey the Massachusetts -- down in Florida."

" He's thinking about how many people in New England actually traveled to Florida for 68 months that in the year and that's exactly right does this really could extend its not just to border states but to any state in the country and I think that somebody's got to stand -- say it's wrong. And I wish that. You know the governor of Massachusetts would take a look at the US constitution and your site point article one section nine as the commerce -- it's very very simple statement it's there's no tax or duty shall be -- articles exported from any state it's -- very simple. It that the article to understand. I and it really means what you're doing is illegal. Don't be so."

" Any idea of being a neighbor Massachusetts would be a graduate of the fine -- institution of higher learning here in the commonwealth of -- from Manchester, New Hampshire you know that our state supreme judicial court likes to a couple losses ago a hard head so I remind my money would beyond Deval Patrick winning this case."

" Well I I that's why I've asked our governor and our attorney general to file an abacus -- anybody can do that I believe the court. 52 that request back on the 26 story that does that demands slams just -- so sometime last week. So I think New Hampshire has to take it very proactive. Approach and and assert itself and it just processed and -- support. The sovereignty of the state and to support the notion that. Elected officials in their own -- commonwealth asks should be responsible for their own state commonwealth -- not you know boundaries outside of that of that and to."

" reveal -- some other thing mayor I forgot to what why should why should New Hampshire people have to pay the state income tax of that worked out here in Massachusetts you don't have the stated got stacks up there."

" What we don't have an income tax we don't have a sales tax I would argue that in Massachusetts is trying to establish a sales tax here. But to put this he could take this you know a step further to add to that it take anything you want Alley and then again it's just wrong. It shouldn't be happening interstate -- were having you know challenging. Budgeting issues need to look into their own states need to really you know make the tough decisions about cutting budgets making government leader. To try to. Responded then resolve their own challenges situations not. You know try to export additional taxes and fees from."

" Well we both remember how -- the delayed great governor Mel from Thompson handled this -- remedy. He says the the -- governor Dukakis said that he was going to start thus sending the Massachusetts state police. Up to the parking lots of the state liquor stores in New Hampshire and he was going there we're right down the numbers in the they were going to follow people back into Massachusetts senator and and at least issue citations if not arrest them for having untaxed liquor in their cars. And in Milt Thompson said if they cut if -- state troopers come up eat and hang out in our parking lots at the liquor stores they will be a respite. The end of that campaign is I were call -- out --"

" Let's take some calls with the mayor frank -- Manchester, New Hampshire and with we're talking about the the attempt by the state of Massachusetts to impose a state sales tax there obviously this is just the first step they want to -- they want to go after. This this this chain of this tire chain. Because they have they have shops in Massachusetts but obviously will spread -- five this is allowed to stand. Illustrate a few calls for the mayor injury your next with how we card mayor frank good stuff Manchester, New Hampshire gore had a Andrew."

" I think you can take you very much. We're bringing up this huge important topic I just makes me so angry thinking about it. And so many levels just thinking about going between states and being told what we planning camp by being taxed on it. And then destroy rights section ten two cars conditionally denied -- says it's very clear in the constitution that. The states don't have a."

" Our this was a big problem in after the American revolution wasn't -- mayor -- I mean that's why it's in the constitution. That they were dealing with problems that they were facing right then and there."

" It is exactly and -- you know the constitution of the document that I think unfortunately legislators don't always remember that they have to follow but but it it's our it's our rule book in the that we need to follow it and this is a very simple. Language in this constitution -- very very important recent. It's the same issue that you have done Washington DC no taxation without representation you know this is exactly what Massachusetts is trying to do. They end and I would argue that we that the first of all it's illegal to take a user. That's C a little law about user taxes. That residents are supposed to pay. And apply that to a business outside of your commonwealth if it's in person mobile the law itself -- archaic and that should be struck. But to try to apply that law and that's standard to a business in New Hampshire because it happens to have a New Hampshire Massachusetts -- It is just unconscionable."

" And and you know -- the you know an oval Leo warrior for the tire chain -- me just trying to make his point but he hit its legitimate Sorrell later that higher if the tire chain is forced to do this. They're -- they're going to send the bill. To somebody from New Hampshire. Demanded that person is going to suffer emotional distress and sue for punitive damages and you know and you know it'd it will never built it in the entire company is going to end up in court one way or the other here."

" Well Leo the problem is that it also. It expands so what's her you know overly litigious society you know the notion here that will she -- Let's force the company. Two expend money to retain counsel. Two to fight what's really a ridiculous lawsuit it did this should never have gotten to this point I even questioned why a state government has the power authority's. You know to at all."

" I -- determination I never knew that until yesterday either. I how close how a different state -- went to war go somewhere into another jurisdiction and demand to see somebody else's box."

" We were looking for some sort of legal precedent or some law that showed the that was okay we couldn't find it but but that that shouldn't be but there should not go unnoticed the fact that the government has the ability. To force an audit. And then force that that entity to pay an amount that they deem appropriate. Up from another state that he you know Howie it's it's it's it's not that it'll be it'll be pretty soon where they're coming into your house and telling you -- additional payment you have to make for certain things -- home home and it's got to stop somewhere and somebody's got to start a fight and you know the fight's going to start now."

" We he'd you do know oil mayor go to that -- this this whole. Situation began under a fellow Republican a furious yes I. This is not this is not a a democratic tax and spend scheme and this is a bipartisan grabbed that."

" Well I would certainly hope to have sub Mitt Romney were governor today he would not be enforcing that the department of revenue in Massachusetts to continue with this and they and they certainly eats you know would say if he were president today he'd probably be on the side of the taxpayer. You know fighting for her you know the taxpayers' rights. But that piece did you write distant -- several years ago but at any time you know the current governor could say this is wrong and the -- he needs from what I understand -- some help on the polls he'd be a hero to taxpayers in Massachusetts. If you just -- this is wrong and we're going to balance -- budget -- properly and effectively. Not not not by trying to. You know go after harass. A company or. The customer about company."

" 18774694322. And of course his his leverage is that these is that the chain also has stores in Massachusetts where it. You know this all schools -- it one way to remove for the U for the tire company -- was to remove the leverage from there. Thereof. Their torturers who does the state of Massachusetts is to just shut down every parent Massachusetts and that's you know that's going to happen joke."

" Well it if he is active corporate taxes are going to increased so much that businesses and expand so much that business is really just can't afford to do business. If that will happen and you will find companies looking to move to other states to try to find it a better. And more tax friendly states to. To do business sense."

" Joe your next with how we card mayor Franklin -- of Manchester, New Hampshire go ahead --"

" I don't know how we are you don't -- I -- great -- of Manchester and doubt thank you for starting the ball rolling on fighting that's. But -- the larger question is if it's part of their web Bridget is they also have stores in Massachusetts. What what does this stop them as Wal-Mart helped the start I hate being everybody who shops in New Hampshire and want to borrow. So what was on vacation in Manchester or anywhere in New Hampshire comes South Carolina or California. Today after then collect the California sales tax and should -- back to California. -- every state aft the start charging every other State's sales tax to get this ball rolled."

" Well I I think that's the road that you were leading toward if this case. That he you know it is -- department -- victorious and if you haven't even talked about the cost associated with tracking this data. Number one to the business and secondly. I I don't think anyone's business where do -- shopping. And if question one of my -- wants."

" Holstrom would be we all know the government and our Ron they're going to spend polished collect on its going to be up billions history collecting tens of dollars for a sales tax and shook it out --"

" We got a call yesterday for Maine. Mayor Ed bad guy says he's right on the border with New Hampshire. Then there's hassling them in Maine along these lines in peace he said that he's been planning to just give me a post office boxes and in a border community. Seven in the news that for the war for the war at least is they've been threatening to say will track you down through the war and peace."

" You know it's it's unbelievable that. This is what government has reduced itself -- there was a time in this country were government was supposed to you know truly be limited and be effective and and tools to play a role but now. It it. You've really reaches into every aspect of your life personal or business. Or any other for that matter and I I I think that honestly how we you know we've got to look at this and and rather than just complain about it. We do you have we need people were going to step up and we're going to say this is wrong. And you know -- if if you let them take an -- they take another agent to take another wrench and this goes to this really does that translate back to that seventies Kasich you were referring to. If it's to tell entire case is victorious. What's to say that it's you know you're not going to expand that to -- to take -- effective cigars and you guys have an issue with the -- taxpayer."

" I don't know -- with final works around the fourth of July here out. You know they they say that we're gonna put the state police in the marked cruisers and a track you down and they they actually have arrested people that they never arrested Joe Kennedy by the way for Diana. But they're -- award named Joe Kennedy well."

" I think you know we've we've got so many other issues that are that are so much more prevalent and important for our public safety. Organizations to be dealing with some -- if you ask a police officer they'll want to be arresting somebody -- fireworks for fifty dollars for -- fourth of July. They want to be going after drug dealers drug offenders you know people who are bad people or try to commit bad acts you know you ask anyone of them and that's what they're gonna tell you. So we ought to let you know that we ought to tell government took together people's business do what you do best protect people you know we applaud -- streets -- she can't make sure people get to and from work. Make sure that commerce is is able to be transacted not trying to determine who's behind -- from what part of the country and how you can attacks from office."

" Thanks so called Joe Thomas you're next with how we car and mayor Franklin of Manchester, New Hampshire go ahead Thomas."

" how are tried Thomas upgrade -- you. Good get -- certain kind of subtle technicality but correct me if I'm wrong a -- attacks. Is not attraction on the individual purchasing something it's it's the place of business surrendering a portion of the -- And and it's gotten to -- that these should at stores continue align item that shows yourself tax. Because they want to differentiate the cost of the item from what the state has burdening you live. As a means of advertising a lower price. Sort of thinks that the -- should that Chelsea section does not actually followed the individual says that's why we don't spiral an itemized. In what Textron in April we don't -- sale also. Activity all the personal level. The doors surrender stale joke regularly tracked the individual to another state is total misunderstanding. What -- sales --"

" Says that your writer is essentially the sales tax as a consumption tax and it's it's a charge you know at the point of sale or at the point of purchase. And it is on the the the responsibility of the retailer wholesaler to be forgoing. A certain portion of of of that sale. The you know we're not as familiar with that New Hampshire because we don't have a sales tax but -- you're essentially -- as I understand what they're doing here is trying to. Because the losses that you cannot have a sales tax to another state they're there are conveniently calling in -- are taxed. Which again I just think is. It is is utter ridiculousness and it's no different than trying to establish a sales tax outside of the."

" it's quite good so I could go to the town tire in now Manchester. And if this you know this is upheld by the S Jaycee here in Boston and I could say I can go there with you. In and they can say okay mister -- you live in Massachusetts so we're gonna have to charge you 5% on the though 400 or 500 dollars for getting new set tires. And then I could say no no but. The mayor is giving them to me is against. Right so that I would have to pay the --"

" Swell idea and that's what I understand what the audit -- crowded -- identifies that the purchaser of the tires is actually using the tires in Massachusetts. -- and you to send that to clothing -- food or you know furniture or computers whatever -- that they -- the item is -- going to purchased. How does the government. Make that decision that -- going to use of that entity that their products in Massachusetts for the duration and life of the product. 88 its its its a complete. And utter gravitate I think you know you your personal privacy. And -- together very least it violates you know -- article took the first article of."

" Everybody is -- state wraps. State senators. State employees you could find up at the pheasant lane mall on Saturday and I really wanted to do it."

" Apple knows how we should come up -- show on Saturday see how many of them are up European shopping and ask him if they're going to file. Are there on their income tax."

" A user tax yeah all right thanks for the call Tom -- next with how -- mayor frank -- jumped up from my the good stuff -- excuse me for a club Manchester go ahead dale."

" A good evening it I just wanted to say I'm promote the state of Maine here and we have a huge taxes I think that a gentleman said yesterday -- show. I just don't you know it -- strong -- so many -- even a Fourth Amendment is I don't understand how Massachusetts can go up to New Hampshire without a warrant. And in demand to see the records of a corporation in the stadium in New Hampshire."

" that one baffles me as well what I I was looking all day today for trying to find you know what authority. Under what authority they could do that now I I wasn't able to to find the answer I'm sure there's some statute -- provision. The end in case law or. If you're in legislative back to -- in Massachusetts that that somehow allows this but I I haven't been able finding yes."

" Right the other thing is you're gonna have you know the the guide said yesterday the one who called up there was a gentleman who owned a business he said. They went back seven years just going to be a ton of people down in Massachusetts waiting -- drop. But he but for the collection notice from the estate revenue office I mean instead."

" Seven years if you rob a liquor store the Staten -- after -- oriented analyst at forgot today. Tell Joe Geiger was -- was glad he didn't have to pay money until he was nominated for -- Treasury Secretary income tax evasion there's three years statute limiting."

" So we we now are we now settled just fifty blocks how early -- they -- it purchased cigarettes are. Or a liquor or electronics show it would stop in our states and we're gonna have you know. We're going to have up border controls won't react opened to try to your card I slept in the military for thirty years I was in the city of Berlin. I can understand haven't opened my truck and Charlie gave the guard there. But this has yet to be ridiculous here in our in our country."

" I don't you know old Chrysler -- ankle UDU ankle bracelet bail when you leave remains the go to guy should."

" You know and it they'll they'll -- actual you know. Your ankle bracelet so what do what do what do you do a parking lot about -- not. -- stadium Hampshire. I just want to stay enclosing hasn't got them on the road here has. God bless you for filing this lawsuit says you know the average citizen doesn't have. So the means to do so and the people who are supposed to be protecting us from mister ridiculous nets are the ones that are passing the laws and making it happen. That's how we said yesterday it would be a Patriot Act everybody's up -- arms but yet. That the RI AA is building your own computer and filing lawsuits without your knowledge. What we have people looking Gibson our purchases. You know that that's just getting to be you know I wonder why I -- thirty years. I didn't the great country but if we don't stand up here soon this is going to be --"

" He'll think well I couldn't agree anymore they also thank you for your support didn't we know we're going to do everything we can to make sure that the state and New Hampshire fights this as vigilant --"

" Mayor good we're going to let you go well will keep talking about this but they keep us informed about what's going on with this case I hope you what I know well I hope somebody in the New Hampshire run gets it gets involved in this case fusion Hewlett you know the most people Massachusetts. Errors -- is angry about this is as. Everybody in New Hampshire --"

" Got a sister who still lives in Massachusetts. And she's sharing with -- the anger the people are feeling so we're gonna keep fighting all right now we and I'll tell you what will have -- Manchester anytime you want -- would declare how we carte de and we can talk more about this and any other issue you want."

" That's great you know you if you listen to the show you can't get on a much capital murder case in Manchester but I guess if -- given declared how we card they that would make up for thanks a lot -- I appreciate it okay we'll keep talking about this we come back 18774694322. A -- car. --"