Ohio Supreme Court OKs state's satellite TV tax

Supreme Court, satellite television cable competitors, sponsors upheld Ohio State sales tax is not paid for, rejected arguments that the satellite industry is unfair and unconstitutional - Columbus (Ohio) (AFP).

02/05 decision issued Monday, "the Supreme Court ruled that the U.S. Constitution of 2003 in the state do not violate the commerce clause because it is based on the difference between the nature of the companies nor the state out of state interests interests at the expense of profit does not.

Argue that their companies and cable competitors subject to tax interstate commerce is not a violation of their rights, work among the nations his company, the cable companies operating within it it.

But writing for the majority, Justice Terrence O'Donnell wrote that the judges concluded that Ohio legislators, "selling the local commerce and inter-state does not distinguish between, but the method of distribution of television programs discriminates on the basis of apply to. "

Ohio has collected $ 44 million in annual taxes on a package of budget balance in 2003 as part of the 5.5 percent sales tax on satellite TV channels after applying. Legislative Council and the cable companies, the local franchise fees ranging from 2 percent to 5 percent chose not to pay the applicable tax.

Case that reached the state Supreme Court and filed by direct and EchoStar Satellite Corporation, and the decision of the state appeals court reaffirms earlier decision. Satellite Industry paradox similar to many other states challenged, the lawyer before it is likely that in any way concerning the rule of the Supreme Court of Ohio in the United States to appeal to the Supreme Court said.

Ohio 15 other states, state legislatures and governors of the national convention of the National Assembly among others in terms of support was received.

Opportunity to comment on the New York attorney Joshua Rosenkranz E key messages Monday the Ohio Department of Taxation or by not returning, EchoStar and direct representation when it was the case in the Supreme Court in Ohio in October

A dissenting Justice Paul Pfeiffer, outgoing head of the Supreme Court clearly rejected the sales tax was in fact related to the unconstitutional opinion.

"It treats the same service, different vendors, and this distinction" Brown wrote.