Two cases concerning application of gross receipts taxes in Guam are moving slowly forward.
On Sept. 1 Judge Steven S. Unpingco will rule in the Superior Court of Guam whether a lawsuit brought against a number of retailers will be ordered a class action. Thomas M. Tarpley Jr. attorney at Tarpley & Moroni LLP is acting on behalf of Dorothea Quichocho. Her case is against Macy’s West Inc.; Brown Group Retail Inc. dba Famous Footwear; Vans Inc.; FG Marketing Inc.; Angiolini #26 dba Nine West Outlet Stores; ABC Stores Guam Inc. dba ABC Stores; and Does Corporations I-XIV.
A ruling is not expected soon. Tarpley told the Journal preliminary motions are being filed have been taken under advisement and have not yet been answered.
Macy’s represented by Berman O’Connor Mann & Shklov; and ABC represented by Civille & Tang PLLC; filed separate motions to dismiss heard on Aug. 5 before Unpingco. Retailers that joined in the motion were FG Marketing represented by Graham D. Botha attorney; and Brown Group represented by Dooley Roberts and Fowler. Unpingco has taken the motion under advisement.
Macy’s deferred comment to Berman O’Connor who declined comment.
Stanley Wilson accountant through his attorney Mitchell F. Thompson attorney at Maher & Thompson PC awaits a summary judgment in the Superior Court of Guam scheduled for Nov. 19. Wilson’s case is versus Macy’s.
The cases revolve around whether the retailers may add tax at point of sale under Guam law. In Wilson’s case he alleged violation of the Deceptive Trade Practices — Consumer Protection Act.
Other retailers such as Pay-Less Supermarkets and Cost-U-Less include the tax in the purchase price and display the amount on till receipts. MBJ
