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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.

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

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