• On April 26, 2012, the Supreme Court of Washington held that AT&T Mobility unlawfully passed through Washington State’s Business & Occupations (B&O) tax onto its wireless customers as a line-item charge on their monthly invoices, rather than factoring the cost into its sales price. The applicable statute expressly states that “It is not the intention of this chapter that the taxes herein levied upon persons engaging in business be construed as taxes upon the purchasers or customers[.]” Relying on an earlier holding, the Supreme Court held that “the crux of Nelson is that under RCW 82.04 .500, a business cannot add on the B&O tax to the sales price,” because “although in the end businesses may charge the entire B&O tax amount to its customers as overhead, at least it will be reflected in a sales price that consumers can compare against competitors.” Thus, by preventing consumers from making an apples-to-apples price comparison, and collecting the tax from consumers as a monthly surcharge, AT&T violated the tax law. Peck v. AT&T Mobility, No. 85581-1 (Wash.).