How Do You Buy Wine If Your Name is Steven Diamond?
The Illinois Joint Committee on Administrative Rules has solved the more important question, namely, is a winery responsible for paying sales tax on shipping charges. The Joint Committee has approved amendments to the Illinois law, which will be retroactive back to November 19, 2009, creating unambiguous safe harbors, including clarity that shipping charges are not subject to sales tax for a seller of tangible personal property who offers the purchaser an option to pick up the property and charges the same price for the property, regardless of whether the buyer chooses shipping or pick-up.
While most defendants in the Steven Diamond case were correctly applying the Illinois law, as confirmed by the amendments, it is not yet clear whether defendants who previously settled will have the right to recover money paid to the state and the plaintiff. For more information, see the posting on Lexology or contact the Wine Institute.
As for what happens to Mr. Diamond after he drinks through the stockpile of wine he acquired while running complaints through his printing press, I could care less.