Explain below for sales tax:c. Could the "property been transferred some other way test"—this one seems nuts. Basically, if instead of paper or some other physical media, could have been transferred without the physical media. If this test is met, the property is not subject to sales tax. Not really discussed but it seems a bit nuts and irrelevant. Also sided against the govt.
The description you've provided suggests a test to determine the taxability of a transaction involving the transfer of property that could potentially be delivered in a non-physical form. This test seems to consider whether the property, such as information or software, could have been delivered electronically or digitally instead of on a physical medium like paper or a CD. The rationale behind this test might be that if the property can be transferred without a physical medium, then the essence of the transaction is the transfer of intangible property, which may not be subject to sales tax in some jurisdictions. Sales tax is typically imposed on the transfer of tangible personal property, and many states have different rules for taxing digital goods and services. For example, if a business sells software that is delivered to customers on a CD, the entire transaction is generally subject to sales tax because the software is considered tangible personal property due to its physical delivery. However, if the same software could have been, and is, delivered via download with no physical medium involved, the transaction might not be subject to sales tax, depending on the state's tax laws regarding digital goods. The test you've described seems to challenge the traditional approach to sales tax by questioning the relevance of the physical medium in transactions that could occur digitally. The outcome of applying this test, as you mentioned, sided against the government, suggesting that the court or ruling authority found the physical medium to be irrelevant and therefore determined that the property was not subject to sales tax. It's important to note that tax
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