Margaret Fuller5 360x1000
Edmund Burke 360x1000
2transadentilist
Margaret Fuller4 360x1000
Richard Posner 360x1000
12albion
2trap
Margaret Fuller 2 360x1000
Samuel Johnson 360x1000
Mary Ann Evans 360x1000
2jesusandjohnwayne
LillianFaderman
4albion
9albion
10abion
Office of Chief Counsel 360x1000
Anthony McCann1 360x1000
2theleastofus
AlexRosenberg
Margaret Fuller 360x1000
Margaret Fuller1 360x1000
5albion
499
Thomas Piketty3 360x1000
13albion
Storyparadox1
Thomas Piketty2 360x1000
3albion
1defense
1transcendentalist
1confidencegames
James Gould Cozzens 360x1000
2paradise
1madoff
5confidencegames
3confidencegames
1theleasofus
Gilgamesh 360x1000
Learned Hand 360x1000
lifeinmiddlemarch1
1lafayette
George F Wil...360x1000
2lafayette
Thomas Piketty1 360x1000
Anthony McCann2 360x1000
1falsewitness
6albion
2falsewitness
3defense
Mark V Holmes 360x1000
lifeinmiddlemarch2
Margaret Fuller2 360x1000
14albion
2albion
Maurice B Foley 360x1000
Susie King Taylor 360x1000
Adam Gopnik 360x1000
1lookingforthegoodwar
8albion'
1gucci
7albion
1albion
Stormy Daniels 360x1000
399
1paradide
Susie King Taylor2 360x1000
3paradise
Maria Popova 360x1000
Betty Friedan 360x1000
11albion
Tad Friend 360x1000
2gucci
1lauber
storyparadox2
2confidencegames
1jesusandjohnwayne
1trap
6confidencegames
2defense
199
Margaret Fuller3 360x1000
2lookingforthegoodwar
299
storyparadox3
George M Cohan and Lerarned Hand 360x1000
1empireofpain
11632
7confidencegames
Spottswood William Robinson 360x1000
Lafayette and Jefferson 360x1000
Ruth Bader Ginsburg 360x1000
3theleastofus
4confidencegames
Brendan Beehan 360x1000
Originally Published on forbes.com on March 3rd, 2012

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A while I go I wrote a piece calledIs Expedia Stealing From Its Customers ? I heard from somebody at Expedia about it.  I was referring to the practice of having a “tax recovery charge” that was greater than the amount of room tax actually paid by Expedia to the hotel operator to be passed on to the locality.  The Expediarepresentative wrote that they always won when the issue was contested in court, but that was not really accurate.  The various cases on the issue do not seem to have an overarching federal constitutional principle involved, so they turn on the precise wording of state statutes and local ordinances and principles of state constitutions.  You probably will not be shocked to learn that the cities are not fighting to have Expedia make refunds to their visitors.  They want the money for the cities.   The City of Brotherly Love recently got bad news from the Commonwealth Court of Pennsylvania.  The Commonwealth Court upheld a lower court decision denying the city a little over a million dollars that it was seeking from Expedia for the years 2001 to 2005.  As with many of these decisions it turned on precise definitions:
Ultimately, the trial court and Board concluded that Expedia did not fall within the definition of “operator,” with the Board specifically holding that Expedia did not “possess the right to rent or lease” hotel rooms, the very provision upon which the City primarily relied in support of its argument that Expedia was an “operator.” The record supports such a conclusion and holding.
If you check the fine print on the Expedia site they explain the whole “tax recovery fee” concept, so it is not stealing.  It is just annoying.
You can follow me on twitter @peterreillycpa.