A customer shops for clothes at a Costco Wholesale store. Photo: Luke Sharrett/Bloomberg
The panel found the district court was right to dismiss the suit for the failure to state a claim, as state law provided the exclusive route for the tax claims made by the plaintiff.
June 12, 2019 at 04:12 PM
1 minute read
The U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit brought by a consumer against Costco over its collection of state taxes.
The appeals court in a per curiam order agreed that only procedures established under state law could be used to question a sellers method of collecting sales taxes.
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