Anyone know a lawyer?

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Kenny,

For your information, I have talked with Ladd Murdock about your

complaint. Ladd told me that upon the advice of his accountant, he

collects Utah State sales tax on all of his sales, including internet

transactions. Ladd pays the state of Utah sales tax on all of his sales

at the end of the year. Ladd knows that you are disputing the sales

tax charge on your credit card. Ladd further stated that he did have a

conversation with you regarding the sales tax on your purchase. Ladd

said that you disagreed with the tax and did not know that he charged it

on his internet sales. He further stated that although you disagreed

with the sales tax charge, you never told him not to charge the credit

card for it. I know that this differs from what you had told me

previously. I have since learned that some businesses in Utah charge

sales tax on internet sales and others do not. I am changing the nature

of this incident from a fraudulent use of a credit card to a civil

problem. You and Ladd are free to pursue this matter civilly, if that

is your desire.

I also talked to Ladd about the e-mail he sent you. He did apologize

for sending the e-mail and regrets doing so. Ladd also told me that he

just wants this problem resolved. He has decided to send you another

bolt for your rims to replace the one that got broken. Ladd told me that

he hopes this helps to resolve the situation between the two of you.

I have not read any of Ladd's e-mails sent from you or your friends but

he says he has received numerous ones. Ladd specifically mentioned

receiving numerous e-mails from a person who goes by the name of Jarad

Garcia. Jarad's e-mail address is jgarcia9102@hotmail.com. From what

Ladd has told me, the e-mails from Jarad are of an harassing nature and

are unwanted. Ladd has apparently sent Jarad an e-mail requesting him

to stop.

Kenny, I know you disagree with Ladd on how he has handled this

transaction with you. Please inform Jarad not to send anymore e-mails

to Ladd concerning your purchase. Believe me, Ladd knows how you feel

and does not need to be told anymore.

You may also want to inform Jarad that under Utah law, it is illegal to

send unwanted electronic communication to anyone. A person can be

prosecuted in the jurisdiction where the communication originated or was

received.

I will inform Ladd of the same information I am sending you. I hope

the two of you can resolve this situation.

Sincerely,

Officer Paul Gardiner

Layton City Police Department

 
sorry this is so late guys, heres the emails

From: "Wholesale Rims" Add to Address Book

Date: 2005/12/24 Sat PM 06:09:14 EST

To:

Subject: Re: Re: Question for item #8024442934 - 18" Inch Spinning Wheels Rims Chrome Spinners 20 22 26

You have my word. LM

From:

To: "Wholesale Rims"

Sent: Saturday, December 24, 2005 3:47 PM

Subject: Re: Re: Question for item #8024442934 - 18" Inch Spinning Wheels

Rims Chrome Spinners 20 22 26

Your not gonna send me a message in a few weeks and tell me to pay taxes

are you???

Zach

From: "Wholesale Rims"

Date: 2005/12/24 Sat PM 05:29:59 EST

To:

Subject: Re: Re: Question for item #8024442934 - 18" Inch Spinning Wheels

Rims Chrome Spinners 20 22 26

Well I talked with my business partner, and my company isn't going to

charge

sales tax on orders until we talk with the tax division near the end of

January. So, right now all orders are "tax free" until we talk with

them.

So if you purchase these "after" January it could be different, but for

right now we will not charge it. Total will be $1593. Thanks Wholesale

Rims.

From:

To: "Wholesale Rims"

Sent: Saturday, December 24, 2005 3:01 PM

Subject: Re: Re: Question for item #8024442934 - 18" Inch Spinning Wheels

Rims Chrome Spinners 20 22 26

let me know when u find out about sales tax so i can have the final

price

Zach

From: "Wholesale Rims"

Date: 2005/12/24 Sat PM 04:46:44 EST

To:

Subject: Re: Re: Question for item #8024442934 - 18" Inch Spinning

Wheels

Rims Chrome Spinners 20 22 26

Hello Zach, $1399 is the price for: four Chrome Alloy Spectrum Rims

w/

four Chrome Alloy Spin-tek (dual-bearing) spinners, and a chrome lug

installation kit which has locking nuts. As mentioned in our ebay

auctions, $194 flat rate shipping through fedEx is to any location

inside

the USA. This includes insurance. We normally charge sales tax, but

I

will

talk to my business partner to see if we can waive it for you. Thank

you

and have a wonderful Christmas. Wholesale Rims.

From:

To: "Wholesale Rims"

Sent: Saturday, December 24, 2005 2:27 PM

Subject: Re: Re: Question for item #8024442934 - 18" Inch Spinning

Wheels

Rims Chrome Spinners 20 22 26

is 1399 the final cost, what will the final cost with shipping to

71118

be??

thanks

Zach

 
I still take issue with some places in utah are charging sales tax. If anything, the revenue goes to the destination not the selling place. In TN they are mulling over a law called the streamlined sales tax, which does just that. They are waiting on Congressional approval of taxation of internet sales before they proceed. I may look up up utah's code to see where the taxation of internet sales is law. If they are doing it voluntarily, then why?

 
Too bad the po-po isn't going to bust his balls, but I bet you have heard the last from him and he got a pretty good pit in his stomach when contacted by a real police officer and had to explain himself. I imagine he was nicer to the cop than to you guys. At this point I would let the whole shootin match shrivel up and die and just leave it as Wholesale rims smokes pole- do not buy from them. Though it is helpful in disputing the charge that he offered to waive the sales tax for the other dude. If he will for that guy he can eat yours, especially since it is not required.

 
This actually picqued my interest quite a bit. I e-mailed several members of the utah senate and house of representatives to see what their view on the situation. I didn't describe it, but I did ask if utah had any laws concerning internet taxation.

It is one thing if he lies about a lug nut. Quite another if he misrepresents the tax structure of his state for fraudulent reasons.

 
After further review of the code:

(1) (a) Except as provided in Subsection (1)(e) or Sections 59-12-107.1 through 59-12-107.4 and subject to Subsection (1)(f), each seller shall pay or collect and remit the sales and use taxes imposed by this chapter if within this state the seller:

(i) has or utilizes:

(A) an office;

(B) a distribution house;

© a sales house;

(D) a warehouse;

(E) a service enterprise; or

(F) a place of business similar to Subsections (1)(a)(i)(A) through (E);

(ii) maintains a stock of goods;

(iii) regularly solicits orders, regardless of whether or not the orders are accepted in the state, unless the seller's only activity in the state is:

(A) advertising; or

(B) solicitation by:

(I) direct mail;

(II) electronic mail;

(III) the Internet;

(IV) telephone; or

(V) a means similar to Subsection (1)(a)(iii)(A) or (B);

(iv) regularly engages in the delivery of property in the state other than by:

(A) common carrier; or

(B) United States mail; or

(v) regularly engages in an activity directly related to the leasing or servicing of property located within the state.

(b) A seller that does not meet one or more of the criteria provided for in Subsection (1)(a):

(i) except as provided in Subsection (1)(b)(ii), may voluntarily:

(A) collect a tax on a transaction described in Subsection 59-12-103(1); and

(B) remit the tax to the commission as provided in this part; or

Looking at it some more looks like he can charge the tax and the officer is correct. I think accountants who are reccomending this are a bit overzealous in covering thier *****, but there are no laws broken that I can tell.

 
This actually picqued my interest quite a bit. I e-mailed several members of the utah senate and house of representatives to see what their view on the situation. I didn't describe it, but I did ask if utah had any laws concerning internet taxation.
It is one thing if he lies about a lug nut. Quite another if he misrepresents the tax structure of his state for fraudulent reasons.

Agreed. This Ladd character has gone so far as to impersonate a police officer for his cause. No telling how far he'll go to get his way, and how credible his lies will be to cover it up.

 
Yeah, I was going to reply to the officer but if he's going to send me the lug I need (and I'm gonna make sure I still have my warranty that he "voided") then I may as well leave it like this.

I'll leave the site up forever in case anyone has a problem with him ;-) I still wish someone would take him down, he doesn't deserve to run a company if he's gonna treat his customers like shit.

I'm only 15, but I run my own website development company and I make sure EVERY one of my customers is 100% satisfied with my service, even if it means a little extra work on my part. It's common sense, something Ladd Murdock shows no sign of.

If he wasn't such a jerk he could be rich! A website showcasing his products, a non-suspicious email (ladd@wholesalerims.com or something instead of the Hotmail and MSN addresses) and employees to interact with the customers, because he does such a bad job at that as you can see ;-)

I really do appreciate everyone's help with this, I wouldn't of had the courage to stand up for myself without some support... although we're not "taking him down" we definitely proved our points.

Who's Jared Garcia anyways? I want to thank you, lol. cazorp: great emails! Edit your post to remove your email address so spam bots don't pick it up, leave Ladd's though ;-)

 
Kenny,
For your information, I have talked with Ladd Murdock about your

complaint. Ladd told me that upon the advice of his accountant, he

collects Utah State sales tax on all of his sales, including internet

transactions. Ladd pays the state of Utah sales tax on all of his sales

at the end of the year. Ladd knows that you are disputing the sales

tax charge on your credit card. Ladd further stated that he did have a

conversation with you regarding the sales tax on your purchase. Ladd

said that you disagreed with the tax and did not know that he charged it

on his internet sales. He further stated that although you disagreed

with the sales tax charge, you never told him not to charge the credit

card for it. I know that this differs from what you had told me

previously. I have since learned that some businesses in Utah charge

sales tax on internet sales and others do not. I am changing the nature

of this incident from a fraudulent use of a credit card to a civil

problem. You and Ladd are free to pursue this matter civilly, if that

is your desire.

I also talked to Ladd about the e-mail he sent you. He did apologize

for sending the e-mail and regrets doing so. Ladd also told me that he

just wants this problem resolved. He has decided to send you another

bolt for your rims to replace the one that got broken. Ladd told me that

he hopes this helps to resolve the situation between the two of you.

I have not read any of Ladd's e-mails sent from you or your friends but

he says he has received numerous ones. Ladd specifically mentioned

receiving numerous e-mails from a person who goes by the name of Jarad

Garcia. Jarad's e-mail address is jgarcia9102@hotmail.com. From what

Ladd has told me, the e-mails from Jarad are of an harassing nature and

are unwanted. Ladd has apparently sent Jarad an e-mail requesting him

to stop.

Kenny, I know you disagree with Ladd on how he has handled this

transaction with you. Please inform Jarad not to send anymore e-mails

to Ladd concerning your purchase. Believe me, Ladd knows how you feel

and does not need to be told anymore.

You may also want to inform Jarad that under Utah law, it is illegal to

send unwanted electronic communication to anyone. A person can be

prosecuted in the jurisdiction where the communication originated or was

received.

I will inform Ladd of the same information I am sending you. I hope

the two of you can resolve this situation.

Sincerely,

Officer Paul Gardiner

Layton City Police Department
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