Md. Tax Court Upholds Cell Phone Fees
Associated Press

Jul 4, 2006  3:20 PM (ET)

http://apnews.myway.com//article/20060704/D8ILBV700.html


BALTIMORE (AP) - Two of Maryland's largest jurisdictions did not overstep 
their authority by imposing cell phone fees, the state tax court has ruled.

The court rejected an attempt by four wireless providers to overturn 
Baltimore's $3.50 a month fee on cell phones and land lines imposed in 
2004, and Montgomery County's $2 wireless fee imposed three years ago.

T-Mobile, Verizon Wireless, Sprint and Cingular Wireless challenged the 
fees in February 2005, arguing that they were really sales taxes, which 
only the state can impose.

The court ruled against the companies last week.

"The tax is not measured by the number of minutes that a customer uses his 
or her phone, or even by the number of calls made," the court wrote in its 
decision Thursday. "A flat tax on a telephone line, which does not vary 
depending on customer usage, is an excise tax rather than a sales tax under 
Maryland law."

Attorneys for the companies could not be reached for comment Tuesday to say 
whether they would appeal the decision.

The city's fee generated nearly $26.2 million in its first year, with $9.98 
million coming from the wireless portion, city officials said. The city 
projects it will collect $28.6 million for the fiscal year that ended June 
30. The Montgomery tax is estimated to have generated $45 million since 
August 2003.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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