Alexander Gifford filed a federal lawsuit against eBay Inc. on Wednesday. The lawsuit states the basis for federal jurisdiction is “double taxation.”
The seller is seeking relief, writing: “Return of all funds collected by eBay, Inc. on used goods through double taxation.”
The seller sets out his argument in the filing’s Statement of Claim as follows:
“The argument is that once you have purchased something legally at retail, which would include a sales tax, it is then yours to do with what you choose. The imposition of taxes again on the same asset at two different points of time would actually be the definition of double taxation. EBay, Inc. is collecting taxes on used assets which at the time of original point of sale a tax was collected, hence, the causation of this lawsuit.
“In most cases this tax lower boundary of profit is negligible and the profit is not big enough to have a tax imposed on it. An EBay fee, a transaction fee, a sales tax, and then increased shipping costs makes the argument that something is awry and needs correction.
“Attempting to make up deficits through a taxation without adequate representation starts to sound like a constitutional crisis.”
Gifford v. eBay, Inc. was filed in Eastern Michigan District Court, case 2:21-mc-50359.