Please note that I am expecting you to do outside research to complete this assignment. It is expected that you will use case law and/or other applicable authority in the completion of this assignment.
Unfortunately, during 2013, many people seek to avoid this tax. One particularly worrisome practice that has become common among people seeking to make a quick dollar, is to take advantage of the tax arbitrage by buying large quantities of cigarettes in neighboring Jersey (which has no cigarette tax) and selling them to York residents for 50 cents less than a normal retailer. The merchant then earns $1.50 per pack because the merchant did not pay York’s cigarette tax.
“Cigarettes Around The Country” (“CATC”) is a cigarette merchant incorporated in Delaware with a principal place of business in Jersey. It maintains a website on which it advertises cigarettes for five dollars per pack. New York residents routinely order cigarettes from CATC. CATC routinely fills and ships these orders without assessing, collecting or paying York’s cigarette tax.
York officials want to stop CATC’s activities. Please write an essay discussing the following two questions:
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