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Board hits state system for cigarette pricing

The state Revenue Department system for setting minimum retail prices for cigarettes has been ruled invalid by a Massachusetts tax board.

The Appellate Tax Board, a quasi-judicial administrative body, issued a one-paragraph preliminary ruling in November, but has not yet released a final decision.

A spokesman for the state Revenue Department said nothing has changed as far as the agency is concerned [url=www.ctdonut.com/marlboro]Cheap Cigarettes[/url], and retailers must continue to abide by the state's minimum prices [url=www.cigarettesonlinesale.com]Newport 100S Cigarettes[/url]. The current minimum price for a pack of Marlboros is $4 [url=www.wholesaleusacigs.com]Newport Menthol Cigarettes[/url].85 at nonchain stores and $4.78 at chain stores.

''We are still running on the same rules we were running on prior to the November ruling," said Timothy Connolly, the Revenue Department spokesman.

Once the board releases its decision, Connolly said, the Revenue Department will decide whether to modify its regulations or appeal the decision to the courts.

The state's minimum pricing law for cigarettes was passed roughly 60 years ago and was intended to prevent one retailer from using low prices on cigarettes to attract customers and force a competitor out of business [url=www.usacigarettesshop.com]Online Cigarettes Free Shipping[/url].

But when the Revenue Department resolved a number of technical issues related to its regulations in 2003 and began enforcing the law [url=www.cigscoupons.com]Marlboro Cigarettes Website[/url], the opposite happened [url=www.cigarettesno1.com]Buy Cigarettes Online[/url]. Many cigarette retailers were forced to raise their prices, some by as much as 90 cents a pack.

One retailer from New Bedford, Expedito Duarte, had his license suspended for pricing his cigarettes below the state-set minimum. Duarte appealed his suspension to the Appellate Tax Board and won a favorable ruling in November.

Connolly said only a handful of retailers have had their licenses to sell cigarettes suspended for violating the minimum-pricing rules.

Last week, Joseph Jorgensen of Dartmouth filed a lawsuit in US District Court against the Revenue Department, alleging he and other smokers were forced to pay inflated prices and taxes for cigarettes because of the agency's invalid minimum-pricing regulations.

Jorgensen, who is seeking class-action status for his lawsuit, is seeking to recover the extra amount he and other smokers have had to pay for their cigarettes as well as damages and attorneys' fees.
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