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There are constantly  new refund opportunities for tobacco wholesalers or distributors. Armed with a successful refund theory that got taxpayers back tens of millions in New York, we are eager to get money back in other states as well.

The theory used in New York was a simple one. In most states, such as New York, New Jersey, Alaska, Illinois, and Utah, the tax should be calculated on the sale from the manufacturer to the distributor. If you are buying tobacco from anyone other than the manufacturer, you are likely entitled to a substantial refund.

Some distributors list the amount they paid for the tobacco from the manufacturer. In those situations, the refund calculation is an easy one. However, putting the documentation and dealing with the state agency is not so easy. That’s where we come in. All we need is your tax returns, the backup support, and we deal with it from there.

If the sales price from manufacturer to distributor is not listed then the calculation is not so easy. We thought of this as well. We have access to proprietary information that can be used to determine the manufacturer’s price to the original distributor. While it may sound far-fetched, this method was successful in recouping tens of millions of tobacco tax refunds for New York tobacco wholesalers. We file the refund, deal with the state agency, and work with counsel if necessary to litigate the case and get your money back. Better yet, we take refund cases on contingency so the risk is on us!

In addition, if you are located in Alaska, California, Colorado, Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Montana, New Hampshire, Oregon, North Dakota, Utah, Wisconsin, or other states with similar laws then you might have a refund based on our theory and proprietary information. Give us a call to get started today!

About the author: Gerald “Jerry” Donnini II is a shareholder of the Law Offices of Moffa, Sutton, & Donnini, P.A. Mr. Donnini concentrates in the area of state and Federal tax matters, with a heavy emphasis on the tobacco, alcohol, motor fuel and related industries. He also handles a myriad of multi-state state and local tax issues. Mr. Donnini is a co-author for CCH’s Expert Treatise Library: State Sales and Use Tax and writes extensively on multi-state tax issues for  For more information please call us at 888-966-8216.

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