110618_YKMV_A9.pdf






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State of
South Dakota
Reaches
Settlement In
Remote Seller
Law Litigation
PIERRE, S.D. – Governor
Dennis Daugaard and Attorney General Marty Jackley
announced today that the
State of South Dakota has
entered into a settlement
agreement and stipulation of
dismissal in State of South
Dakota v. Wayfair, Overstock
and Newegg.
The litigation, which was
the result of South Dakota’s
remote seller law, had been
remanded to the South
Dakota State Circuit Court
after South Dakota received
a favorable decision from the
Supreme Court of the United
States. This final settlement
agreement brings a conclusion to all remaining issues
not addressed by the United
States Supreme Court.
The settlement removes
the injunction that prevented
South Dakota from requiring
the defendants to comply
with the remote seller law.
Under the terms of the settlement, Wayfair, Overstock and
Newegg comply with the law
beginning Jan. 1, 2019.
“I look forward to the
state’s full enforcement of its
remote seller law. The work
done during the September 2018 special legislative
session allowed us to set a
collection date of Nov. 1, 2018
for all remote sellers except
for the parties to this lawsuit,
who will begin collecting on
Jan. 1 2019,” said Governor
Daugaard.
“Today’s settlement
agreement is the final step in
bringing sales tax fairness to
our main street businesses
across South Dakota by creating a level playing field with
out-of-state retailers,” said Attorney General Jackley.
The State of South Dakota
also reached a settlement
in American Catalog Mailers
Association and Netchoice
vs. Andy Gerlach, in his
capacity as the Secretary of
the Department of Revenue,
a related lawsuit regarding
the remote seller law. This
litigation had been on hold
until the South Dakota v. Wayfair case had been decided.
The parties have agreed to
dismiss this case.
In 2016, the South Dakota
State Legislature passed Senate Bill 106, which required
out-of-state retailers to collect and remit sales tax similar to in-state retailers. The
law applies to out-of-state retailers if they have more than
$100,000 in sales or complete
more than 200 transactions
per year within South Dakota.
Given the controlling precedent of Quill, on October 2,
2017, the Attorney General’s
Office filed a petition for
certiorari asking the U.S.
Supreme Court to review the
South Dakota Supreme Court
decision in State of South
Dakota v. Wayfair, Overstock
and Newegg. In Quill, the
U.S. Supreme Court had
required that a retailer have
a “physical presence” within
a state before a seller can be
obligated to collect and remit
that state’s sales taxes on
purchases delivered into the
state. On June 21, 2018, the
United States Supreme Court
overruled the physical presence requirement.
In September 2018,
Governor Dennis Daugaard
convened a special session
of the Legislature to consider bills addressing the
implementation of the sales
tax collection. Governor
Daugaard signed into law a
measure which removed the
imposition of an injunction
against collection of sales
tax on remote sales, except
in regard to the Wayfair litigants. This bill, which goes in
effect on November 1, 2018,
will allow the State of South
Dakota to enforce sales tax
collections from those who
meet the $100,000 in sales or
200 transaction thresholds.
A second bill created a new
sales tax license for online
marketplaces.
The Wayfair settlement
agreement and dismissals
from both cases await final
approval by the State Circuit
Court.
For more information on
South Dakota’s remote seller
law, visit http://sd.gov/remoteseller.
November 6, 2018 • Page 9
SDSU Extension Ag Economic Dialogues
BROOKINGS, S.D. - SDSU Extension will
hold Farm Economic Dialogues November
14, 2018, from 9 a.m. to noon (CST) at the
SDSU Extension Regional Center in Sioux
Falls (2001 E. Eighth St.). The dialogues
will also be live streamed for South Dakotans interested in participating via webinar.
The dialogues will address the economic drivers of farm income via short
presentations combined with ample time
for audience questions.
"The past five to seven years have been
a roller coaster ride for commodity markets," explained Heather Gessner, SDSU
Extension Livestock Business Management
Field Specialist."As producers prepare
for the 2019 and 2020 crop year, we hope
these dialogues provide a better understanding of the economic components,
beyond the markets, that will be needed to
develop accurate cash flow projections."
The discussion will cover trade and
export markets as well as components
contributing to cash flow creation, such
as macro-economic factors of interest rate
and inflation.
"We will provide an understanding of
where these rates have been and where
they are forecasted to be in the next year
or two," said Matt Diersen, Professor &
SDSU Extension Risk/Business Management Specialist.
Changes to the 2018 tax code
2018 tax code changes, specifically sections related to exchanges and depreciation, will also be discussed.
"Once an understanding of the new
methods is understood, pre-filing planning meetings with accountants should be
considered to ensure best management
decisions are made," Gessner said.
Because a key feature to the dialogues
is audience participation, Gessner and Diersen encourage all participants, whether
they will be attending in Sioux Falls or via
webinar, to participate in the discussion.
"Like most programming developed by
SDSU Extension, this event is designed to
be engaging," Diersen said.
Agenda
9 - 10 a.m. - Farm Income Update: Matt
Diersen, Professor & SDSU Extension Risk/
Business Management Specialist
10 - 11 a.m. - Macroeconomic Effects:
Joe Santos, Professor, Graduate Coordinator, Department of Economics, South
Dakota State University
11 - 11:15 a.m. - Interactive Break
11:15 - 11:30 a.m. - Tax Changes: C. Robert Holcomb,Extension Educator, Agricultural Business Management University of
Minnesota Extension
11:30 - 11:45 a.m. - Input Projections:
Jack Davis, SDSU Extension Crops Business
Management Field Specialist and Heather
Gessner, SDSU Extension Livestock Business Management Field Specialist
11:45 - Noon NAFTA and Trade: Evert
Van Der Sluis, Professor, Department of
Economics, South Dakota State University
To Participate
To register for Farm Economic Dialogues, visit the iGrow Events page. To
help cover costs, registration is $25 per
individual. When you register, please
indicate whether you plan to attend Farm
Economic Dialogues at the SDSU Extension Regional Center in Sioux Falls or via
webinar.
Webinar registrations will receive a web
link from iGrow to attend the session virtually from any computer they choose.
For more information on Farm Economic Dialogues, contact Gessner by email or
605.782.3290.
AUCTIONS
Lyman County Land,
Everett M. Terca Estate
auction
MONDAY, NOVEMBER 19, 2018 AT 10:00 AM CT
Auction to be held at the Presho Fire Hall in Presho,
South Dakota.
The Everett M. Terca Estate land, consisting of 2,304.45 +/- acres, is located
approximately 10 miles south of Presho on Highway 183 to 252nd Street and
approximately 5 miles west. The property, containing dryland farm ground and
pasture, will be offered in 7 separate tracts, a combination of any tracts, or as one
unit, whichever receives the greatest return. Property sells to the highest bidder
upon seller’s confirmation.
Tract #1: 160 +/- acres
Tract #2: 160 +/- acres
Tracts vary from dryland farm
Tract #3: 160 +/- acres
ground to pasture ground.
Tract #4: 320 +/- acres
(Complete info on our website)
Tract #5: 320 +/- acres
Tract #6: 560 +/- acres
Tract #7: 624.45 +/- acres
No Financing contingencies. You must have financial arrangements secured prior to bidding.
15% non-refundable earnest money on Auction Day with the balance due in certified funds on or before,
January, 10, 2019.
LAND FOR SALE
BY SEALED BIDS
Turner County, in Salem Township
Charlene Hora, Personal Representative of the Adeline
Schweitzer Estate offers for sale by sealed bids the
following tillable farmland:
The Northwest Quarter (NW1/4), except the West One
Thousand Seven Hundred Nine Feet (1709’) of the North
One Thousand Ninety Feet (1090’) thereof, of Section
Eighteen (18), Township Ninety-seven (97) North, Range
Fifty-five (55), West of the 5th P
.M., Turner County, South
Dakota, containing approximately 135.24 acres more or
less.
This very nice farmland is located from the intersection
of U.S. Hwy 81, and U.S. Hwy 18, one mile south and
then one-mile east on 287th Street and then one quarter
mile south on 440th Ave. (east side of road).
Terms: This land will be sold for cash with 10% of sale
price payable by successful bidder upon acceptance of
bid by Seller. This payment is non-refundable. Closing
and possession with deed provided is set on or before
December 28, 2018. Title insurance will be split 50/50
between Seller and Buyer.
Procedure: Interested bidders should contact the law
office below to obtain a bid package with FSA, NRCS,
assessor information, soil ratings and for particulars
regarding the bidding process. All bids must be received
at the attorney’s office at 223 S. Main, Freeman, by
12:00 P on November 26, 2018. The highest bidders,
.M.
in a number to be determined by Seller, will be invited
to a private auction with opportunity to raise bid. The
property is being sold as is, and bidders are encouraged
to inspect the property and verify information concerning
the property prior to submitting a bid. Seller reserves the
right to accept or reject any and all bids and to waive any
irregularity as to any bid. Also check out this land on the
internet at “USDAwebsoilsurvey”.
FOR FURTHER INFORMATION
Glenn L. Roth Law Offices,
PO Box C, Freeman, SD 57029,
Ph. # 605-925-7681 or cell # 605-261-4840,
email: glennrothlaw@goldenwest.net.
Weber & Company Real Estate are Agents for the Seller. Weber & Company Real Estate has gathered information deemed
reliable but is not guaranteed. Buyers are to perform their own due diligence to arrive at their own decisions as to
purchase. Announcements on day of sale take precedence over any printed material prior to sale.
Offered Exclusively By:
906 W HWY 20 ~ Valentine, NE 69201
Rick Weber, Broker ~ 402-389-1406
Weber & Company Real Estate
W/ weberco.biz E/weberco@shwisp.com P/ 402-376-1216
Home and Personal Property
AUCTION
Sunday, Nov. 11 -- 12 noon
LOCATED: 305 W. 16th Avenue, Tyndall, SD (just east of St. Michael’s Hospital)
REAL ESTATE consists of a 1040 sq. ft. 1 story, 2 bedroom home with 816 sq. ft. basement and 1 car
detached garage. This cozy little home features a fuel oil furnace, central air, hot tub and 1 1/2 baths.
Situated on a 69’x92’ lot this home has a great location close to the hospital and centrally located between school and business district. All major appliances included.
LEGAL DESCRIPTION: Lots 7, 8, & E15’ of LOT 9 and W8” of North-South vacated alley and N8’ of East-West
vacated alley, Block 25 Currier’s 1st Addition.
TERMS & CONDITIONS: $5,000 non-refundable down payment day of auction with balance due at closing. Title
Ins. and closing service fees will be split 50-50 between buyer and seller. 2018 Real Estate taxes will be prorated
to closing based on 2017. Possession upon receipt of ?nal payment. Announcements day of the auction take precedence over promotional material. Peterson Auctioneers are representing sellers
PERSONAL PROPERTY
HOUSEHOLD: Modern roll top desk; kitchen table and chairs; 3pc. bedroom set; double bed; dressers; recliner; love seat sofa; easy chairs; bookcases; stands; cabinets; shelves; electric sewing machine;
sewing supplies; vac; fans; heaters; lamps; bedding, blankets and pillows; handicap items; microwave;
small electric appliances; cookware; dishes; canning supplies; plus more
ANTIQUES & COLLECTIBLES: Round oak table; old dressers; treadle sewing machine; cedar chest;
wood trunk; Schlitz Beer box; kerosene lamps; lamp holder and re?ector; old pictures; pocket knives;
costume jewelry; blue jars; Avon
MISCELLANEOUS: 3 wheel bike; elec power tools; hand tools; lawn and garden tools and supplies;
ladder; ?shing equipment; shell reloader
Robert & Magdeline Bame, Owners
Peterson Auctioneers
Glen Peterson, RE #234
www.petersonauctioneers.com
Lee Wittmeier - Tyndall, SD
Cody Peterson - Avon, SD
Real Estate may be viewed by appointment
call Mike Bame at 605-589-3774
Terms: Cash or check accompanied by photo ID
Not Responsible for Accidents





