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Can you answer a question of constitutionality in regards to sales tax?

Fitchburg, MA |

Can a portion of the MA sales tax be set up to permanently fund the department of early education and care?

Attorney Answers 3

  1. I don't see why that would be a problem. The MBTA has been funded this way since 2000.

    Douglas Lloyd is licensed to practice law in the Commonwealth of Massachusetts. Answers provided on Avvo are intended for informational purposes only; they are not intended as legal advice and do not create an attorney-client relationship. The material is presented with the understanding and agreement that I am not engaged in rendering legal or other professional services by posting it.

  2. I don't understand the "constitutional" part. It is not unconstitutional under the US Constitution for states to determine how they will use their tax proceeds. They cannot make defense expenditures or anything disallowed to states by the Constitution, but there are few restraints beyond the ones explicitly stated.

    Christopher Larson
    Insight Law
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  3. State taxes are for states to determine for themselves--the Constitution is not implicated in the situation you describe.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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