Judge Dismisses Snow Promotion Jeweler’s Sales Tax Case

A North Carolina jeweler who returned thousands of dollars
following a Christmas snow promotion won a victory in small claims court March
28 over a customer who sued when he wasn’t refunded sales tax.

Perry’s Emporium in Wilmington, N.C., owner Allen Perry
announced the store would refund customers’ holiday purchases if three inches
of snow fell on Christmas in Asheville, N.C. When six inches fell, Perry
refunded some $400,000 to customers, mostly paid for by insurance.

However, a local resident was not pleased when he did not
get his state sales tax refunded. Tom O’Neill paid $7,616 for his jewelry, but
was only reimbursed $7,052.

Perry tells JCK the small claims court judge dismissed the
case March 28 because the sales tax belongs to the state of North Carolina, not
Perry.

Perry says newspaper ads did not include details surrounding
the refund, but advertisements on radio and television told customers to see
the store for details.

“We had the rules and regulations posted on the counter but
we didn’t have time to tell all the customers,” Perry says. “It was Christmas.
We were busy as hell.”

Perry says line seven of the rules stated the cost of sales
tax was not included in the promotion. “I had 400 plus customers and I only had
one person that wasn’t happy,” he adds.

Perry says O’Neil has the opportunity to appeal the judge’s
decision. “If he doesn’t appeal in 10 days, it’s over.”

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