Supplier says wine tax unfair: Lawsuit claims W.Va. wineries enjoy advantage under exemptions to tax on out-of-state vintners

A Charleston wine supplier has filed a lawsuit over the $1-a-gallon excise tax it pays the state for sales of out-of-stateproducts to distributors.

Associated Wine and Spirits Inc. contends the tax isunconstitutional because a small cluster of in-state "farm wineries"are exempt from the tax and don't have to follow the same procedureto get their products to consumers.

The lawsuit says the state discriminates against out-of-statewineries.

Meanwhile, two farm winery owners are split about the possibleoutcome of the lawsuit. If they are held to the same tax standards asother suppliers, one feels his business will go belly-up.

Another wouldn't worry because …