http://www.digitaljournal.com/article/307886

A New York court has ruled that a tax must be charged on admission to a strip club and the lap dances from the dancers within.
This ruling came after Nite Moves lost a case they had been fighting since 2005, Reuters reports. According to the Reuters article, in a 2005 audit, the New York Division of Taxation found the club owed around $125,000 for admission and private dances. The owners of the club argue that the dances are dramatic or musical art performance, which is not taxable. On Thursday, jury ruled that the owners could give enough evidence that proved that the lap dances fell under the tax exempt performance category The jury panel ruled "In short, petitioner was denied the requested relief due not to the nature of its business but, rather, because of the inadequacy of its proof." A NY Daily News article the judge was quoted saying, ""The record reflects that the clubs' dancers are not required to have any formal dance training and ... often rely upon videos or suggestions from other dancers to learn their craft," the judge wrote. Reuters wrote that this was the decision despite an expert the defense brought in that said, "the presentations at Nite Moves are unequivocally live dramatic choreographic performances." The court said that the expert had not seen the dances at the club in question but based her opinion on dances seen at other clubs. The court also said that the DVD submitted by the defense did not have any examples of private dances on it. Metro News New York did the math stating that An 8.875 percent tax would cost clubs about $2 on a $20 dance. Nite Move's lawyer says the company plans to appeal the decision.

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