FIRST ON 3: Small claims case against Perry’s dismissed

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Submitted: Mon, 03/28/2011 - 9:40pm

WILMINGTON, NC (WWAY) — The man who gave away thousands of dollars worth of jewelry in a White Christmas promotion won’t have to pay out a few hundred dollars more on the deal.

Allan Perry tells WWAY a small claims court case against him was thrown out this morning. The plaintiff Tom O’Neill was seeking more than $500 from Perry, which amounted to the sales tax on about $7,000 worth of jewelry O’Neill bought and got for free during the pre-Christmas promotion at Perry’s Emporium after Asheville got more than three inches of snow on Christmas Day.

“He purchased a $7,000 ring, and he was wanting $506 for his sales tax, which the state of North Carolina, the way the law reads is that it belongs to the state not to him or to me,” Perry said. “So they got to keep their money, the state did, and he didn’t get it.”

Perry tried a similar snow-themed promotion for Valentine’s Day, but there was no snow in Asheville.


  • watchyoursix says:

    be a thorough reader, look up orifice too.

  • RSmith says:

    I think he means the guy needs “The Jerk of The Year” award… not the $506 award.

  • watchyoursix says:

    i think the plaintiff is an orifice (the worst type).

  • Commonsensenotcommontoday says:

    …I guess. Horrible wording, though.

  • Commonsensenotcommontoday says:

    So I submit that it’s more due to vague subject identification than poor reading, eh?

  • watchyoursix says:

    did you look up orifice?? keep a dictionary beside your keyboard (they’re also available online).

  • watchyoursix says:

    the plaintiff needs this award. what an orifice.

  • GuestLee says:

    Why does the plaintiff need this award? They got a free ring probably worth several thousand dollars. I don’t get it.

  • Guest says:

    Whoa! The guy got a free $7000 ring and he’s complaining because he has to pay a few hundred dollars in sales tax?? Sounds like your head and his are both up an orifice – one where they say the sun don’t shine. If the plaintiff “needs this award” what’s he doing buying $7000 in jewelry? Geez … give me a break.

  • Guest says:

    It seems to be obvious that you would be responsible for the sales tax, since you did receive the item.

  • Commonsensenotcommontoday says:

    Anyone with a rudimentary knowledge of law or business knows that the state collects sales tax, even in a circumstance like this. If you get a free $7000 ring, you still owe sales tax on it.

    It’s the law.

  • A Citizen says:

    It’s a shame that Tom O’Neill is so GREEDY. If he had of read the rules he would have known that he doesn’t get the taxes back. What an IDIOT this man is.

    And by the WWAY it’s a little ridiculous for your station to make you watch a commercial to get a code so you can post a comment on your website. What a great TV station. What a joke!!!!

  • Guest says:

    All Give-away prizes are subject to tax. It does not make sense to sue the one who gave you the prize, do you sue the lottery when you pay tax on your winnings? NO

  • Guest says:

    Mr. O’Neill, you should be ashamed. Allan Perry is a class act and runs a fine store. The guy gets a $7000 ring for free, and sues because he has to pay sales tax. Ridiculous! Mr. O’Neill, don’t forget to list your $7000 gift on your tax return.

  • GuestMom says:

    What a jack*ss! He got a $7000 ring for $506 and he isn’t happy with that??!?!??

  • topnotchrep says:

    What a joke. This guy can afford a 7000.00 ring but can’t afford the taxes!? People like him make it hard for the rest of us. When merchants offer incentives and promotions they have to stop and think…what if an unhappy customer takes me to court because he/she is so GREEDY they want what doesn’t belong to them…like taxes. We live in a world where death and taxes are a definite thing. Live real Mr. Cheap-o. Be glad you got a free $7000.00 ring and thank God that it snowed on Christmas Day. Bet you forgot to do that. Oh yeah, you were busy whining about paying taxes on your bling. Get real. Enjoy your ring and don’t forget about the fact that it was a gift. You know the IRS rules.

  • Guestpender says:

    WWAY please stop stating that Perry’s gave away thousands of dollars of merchandise. It needs to be restated that the insurance company gave away this money. The figures you are qouting is not what Perry’s gave away. Good promotion, but you keep making it sound like he gave away his money when all he did was pay a premium.

  • Guest says:

    Alan Perry paid the insurance premiums out of his own pocket and had the business saavy to make the promotion. Smart business move. What’s you’re gripe about that? I don’t get it. If he won the lottery and donated a ton of money to charity people would say “he donated” the money – not the lottery. Get it now? Hello??

  • Guest 1953 says:

    If some of you would read the posts, and read them thoroughly, you would understand that they were not saying that the dude deserved to get the money back but to get the “Jerk Award” like maybe a few others may be eligible for on this page. That’s just my $.02 worth on this one. Thank you.

  • Guest81 says:

    I agree that the guy has no beef getting a $7000 ring for a little over $500. But, I am sure he signed some sort of contract or agreement with Perry when he bought the ring. What did it say? Was he supposed to get just the price of the ring less tax or all he paid for it? This has not been brought up to the best of my knowledge. As for paying taxes on a gift, I have never filed any tax form that had a line to enter “value of gifts received” as income.

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