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If You Have Issues Viewing Or Accessing This File Contact Us at NCJRS.Gov If you have issues viewing or accessing this file contact us at NCJRS.gov. NGTON, D.C. 20575 • MAY 1977 COMMISSION MEMBERS (MAY 1977) PRIVATE CITIZENS Robert E. Merriam, Chairman, Chicago, Illinois John H. Altorfer, Peoria, Illinois F. Clifton White, Greenwich, Connecticut MEMBERS OF THE UNITED STATES SENATE Lawton Chiles, Florida William Hathaway, Maine William V. Roth, Delaware MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES Clarence J. Brown, Jr., Ohio L. H. Fountain, North Carolina Charles B. Rangel, New York OFFICERS OF THE EXECUTIVE BRANCH, FEDERAL GOVERNMENT W. Michael Blumenthal, Secretary of the Treasury Juanita M. Kreps, Secretary of Commerce Thomas Bertram Lance, Director, Office of Management and Budget GOVERNORS Otis R. Bowen, M.D., Indiana Richard F. Kneip, South Dakota Vacancy Vacancy MAYORS Harry E. Kinney, Albuquerque, New Mexico Jack D. MaItester, San Leandro, California Tom Moody, Columbus, Ohio Vacancy MEMBERS OF STATE LEGISLATIVE BODIES John H. Briscoe, Speaker, Maryland House of Delegates Charles F. Kurfess, Minority Leader, Ohio House of Representatives Vacancy ELECTED COUNTY OFFICIALS Doris W. Dealaman, Somerset County, New Jersey William E. Dunn, Commissioner, Salt Lake County, Utah Vacancy I ~ Advisory A-65 Commission on Intergovernmental Relations • WASHINGTON, D.C. 20575 -MAY 1977 ( . ~ Preface It may come as a surprise to some individuals that a matter as prosaic as State and local cigarette taxes could represent a real test of intergovern~ mental relations. In this report, the Advisory Commission on Intergovern~ mental Relations describes the pattern of Cigarette bootlegging that has been building for a decade and recommends Federal, State, and local policies to mitigate its effects. The Commission identifies a Federal interest in the field that stems from the link between bootlegging and organized criminal elements. The Commission notes the disparities in State tax policies with respect to cigarette taxation that have given rise to tax differentials that make both casual and organized smuggling of cigarettes a potentially prof~ Hable undertaking. The Commission perceives a high degree of citizen indifference to the existence of smuggling-an indifference that results in some citizens paying higher taxes than they might otherwise experience or receiving a lower level of services because States and localities are de~ prived of essential revenue. True to its legislative mandate, the Commission in this report is seeking to encourage debate on a public problem that requires intergovernmental cooperation. Robert E. Merriam Chairman iii l ,~ / " 1,1 1 I ,I ~ " Acknowledgements This report was researched and written by Robert J. Kleine and Richard J, Reeder under the general supervision of John Shannon, Assistant Direc­ tor. Will Myers, ACIR Senior Analyst, assisted in preparing the report for publication. Jean Ryan and Lavinia Clarke provided valuable seCl'etarial and clerical assistance. The Commission and the staff benefited £I'om the help of many individ­ uals and organizations. However, special gratitude is expressed for the cooperation and assistance provided by Leon Rothenberg, Charles Conlon, Morris Weintraub, Melvin Bruce, William O'Flaherty, Edward Lorch, Philip Salafia. J. Robert Murphy, James Lee Taylor, George Stewart, John Deiniein, and James Golden. These individuals along with those who participated in the Commission hearing in conjunction with this report assured a frank exchange of views on this important intergovernmental issue. The Commission staff. of course, takes full responsibility for the contents and the accuracy of the report. Wayne F. Anderson Executive Director John Shannon Assistant Director Taxation and Finance v Table of Contents Chapter 1 Findings and Recommendations ... " .. ".,. I ••• 1 Summary of Findings . , , .. , ......... , .. , .... ". ~ .. 3 POliCi Re(~ommendations ....... , .......•..•....•.. 4 Recommendation 1: Federal Contraband Legislation and Cooperative State Enforcemel1t Efforts ...... ; .... II • t • , II , • , •• , •• t ••• t " •••••••• , 5 Recommendation 2: Encourage COI.>peration Between State Tax Officials and lnd.ian Leaders I to Facilitate Collection of State Cigal\~tte Taxes ..•... 6 ~. Recommendation 3: Strengthen State Cigarette r Tax Laws ., ....... , .......... , .. , ....... ~ 1/ , ••••• 6 Recommendation 4: Establish Education Programs I to Increase Public Awareness of the Consequences I of Cigarette Smuggling Activities .•....... I ••••••••• 7 I' Recommendation 5: Extend State and Local I Cigarette Taxes to Military Bases ... II •••• I •••••••• 7 ~ Chapter 2 The Nature and Causes of Cigarette Bootlegging ... t ••••••••••• i •••• , ••••••••••••••• 9 Types of Tax Eva~ion Activities . I ••••••••••••••••••• 9 State Tax Differentials .......•.••.......... I I I I • I I 12 Unfair Cigarette Sales Laws . I •••••••• I I ••••••• I • r. 19 Chapter 3 Cigarette Smuggling and Organized Crime . .... 21 Case Study ............. "- ...... , , .......................... 23 ,vii ~~---- ---- ---~--~~~~~~--------------~ Chapter 4 Federal and State Policies ...................... 27 Federal Policies and Assistance .................... 27 Jenkins Act .................................... 27 Proposed Federal ContI'aband Legislation .......... 27 Law Enforcement Assistance Administration ........ 28 Interstate Revenue Research Center .....•......... 28 State Policies ....•............................... 29 State Enforcement Efforts ........................ 29 State Cigarette Tax Laws .........•.............. 33 Tax-Free Purchase of Cigarettes .................. 36 Chapter 5 The Quest for More Uniform Rates ............. 39 History of Federal Incentive Proposals .............. 39 Uniform Tax Options ............................. 41 Criteria for Federal Tax Credit Proposal ........... 44 The Cigarette Tax as a Revenue Source .............. 44 A Proposed Federal Incentive Plan .................. 45 Chapter 6 Cigarette Tax Administration ................... 51 Use of Stamps ................................... 51 Distributor Discounts ............................. 51 Stamps as an Enforcement Aid ..................... 55 Centralized Cigarette Tax Collection ..•............. 55 Chapter 7 Cigarette Bootlegging - Impact on State Revenues ...................................... 59 Social and Demographic Factors ................•.•. 59 Economic Factors, ................................ 62 Factors Affecting Bootlegging ....................... 62 Results of the Statistical Analysis ................... 63 Appendicies ................................................. 67 Appendix A! Selected Statistics on Cigarette Taxes .... 69 Appendix B: Description of Statistical Methodology Used to Estimat~ Sigarette Sales and Revenue tmpact of Cigarette Bootlegging .................... 79 Estimating Cigarette Sales ....................... 79 Estimates of Gains and Losses From Cigarette Bootlegging .................................... 84 viii The Impact of Cigarette Bootlegging on State Cigarette Revenue Estimates ..................... 86 Data Sources .... I • , _ •• ; ........ " •••• ;. ~ "" ;. , , • .to • ( 89 Appendix C: Proposed Federal Legislation to Implement ACIR Recommendations With Respect to Cigarette Bootlegging ........................... 91 Appendix D: Testimony Presented to the Advisory Commission on Intergovernmental Relations, December 16, 1976 ............................... 95 Statement by I;.eon Rothenberg, Executive Director. Federa.tion of Tax Administrators ......... 95 Statemeh. .y Owen L. Clarke, President, National Association of Tax Administrators ...•• , •. 97 Statement by James H. Tully, Jr" Commissioner, New York State Department of Taxation and Finance ........... , , . , _ .. , ... ~ ......... " , ~ ~ It " 99 Statement by Arthur C. Roemer, Commissioner of Revenue, Minnesota State Department of Revenue; .. I ••••••• , ••••••••• I •• f • , ••••••••• • 100 Statement by J. Robert Murphy, President, National Tobacco Tax Association ............... 102 Statement by Edward Lorch, Detective, Intelligence Division, New York City Police Department .................................. 105 Statement by Louis H. Ehrlich, Jr., Chairman, National Association of Tobacco Distributors' Committee on Legislation and Taxation ........... 107 Statement by William A. O'Flaherty, President, Tobacco Tax Council, Inc ....................... 109 Statement by Morris Weintraub, Council Against Cigarette Bootlegging .......................... 111 Letter From Rufus L. Edmisten, Attorney General, State of North Carolina ................•....... 114 ix ClJapter 1 findings and Recommendations Cigarette bootlegging is a tax administration 6. Cigarette smuggling is a law enforce­ problem that has developed since 1965. Tax ment problem and most tax administra­ evasion, resulting from the transportation of tors are not equippe9, to handle this cigarettes from low-tax States for sale in high­ type of problem. tax States, has been described by the Federa­ tion of Tax Administrators, "to be among the The basic cause of cigarette smuggling is the I most troublesome in the entire State tax field." disparity in State tax rates. (See Map 1.) Tax iJ There are six basic reasons why the States rates range from 2 cents in North Carolina to have had difficulty in controlling cigarette 21 cents in Massachusetts and Connecticut, and bootlegging: 23 cents in New York City. The tax rate dispar­ ity between New York City and North Carolina 1. Cigarettes are relatively easy to handle translates to a difference in price
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