Kelly Holleran Jul. 30, 2013, 7:03am

A man has filed a putative class action lawsuit against the convenience store where he claims he was overtaxed on food and beverage purchases.

John McAffee claims he purchased two bottles of water for $0.79 and a bag of Cheetos for $1.09 on April 28, 2013, from defendant Quiktrip Corporation. He was charged $0.12 on the purchase for a total of $2.79, according to the complaint filed July 12 in St. Clair County Circuit Court.

Illinois is allowed to charge a 1 percent sales tax on all non-flavored, non-carbonated, non-soft drink bottled water. Under state law, it is also permitted to charge up to 1.25 percent sales tax on food items, the suit states.

Had Quiktrip followed Illinois guidelines, McAffee would have been charged no more than three cents in tax on his purchases. The convenience store overtaxed him by about nine cents, according to the complaint.

McAffee claims he is not the only person to be affected by Quiktrip’s actions. He believes that at least 100 other people have also paid too much in taxes on food purchases from the store.

In his complaint, McAffee is asking the court to certify the class and to award him and other class members damages of more than $50,000, plus attorneys’ fees and other relief the court deems just.

Thomas G. Maag of Maag Law Firm in Wood River will be representing him.

St. Clair County Circuit Court case number: 13-L-362.

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