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BASS v. J.C. PENNEY CO., INC.

No. 15-0334.

880 N.W.2d 751 (2016)

Emily M. BASS, on Behalf of Herself and All Others Similarly Situated, Appellant, v. J.C. PENNEY COMPANY, INC., Appellee.

Supreme Court of Iowa.

June 10, 2016.

Attorney(s) appearing for the Case

Colby M. Lessmann , Timothy S. Bottaro , and Amanda Van Wyhe of Vriezelaar, Tigges, Edgington, Bottaro, Boden & Ross, LLP, Sioux City, for appellant.

Michael W. Thrall , Bruce W. Baker , and Keith P. Duffy of Nyemaster Goode, P.C., Des Moines, for appellee.

Thomas J. Miller , Attorney General, and Donald D. Stanley, Jr. , Special Assistant Attorney General, for amici curiae State of Iowa and Iowa Department of Revenue.

In this case, we consider whether a plaintiff may bring a claim against an internet retailer for unlawfully charging Iowa sales tax on shipping and handling charges when the retailer forwarded the tax to the Iowa Department of Revenue (IDOR) pursuant to the Iowa version of the Streamlined Sales and Use Tax Act (SSUTA). The plaintiff...

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