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There are so many places in taxation where intent matters. I you're planning to eat it with a spoon, it's candy. With a shoehorn, not.

The story did remind me of a true story from my DC past. At least in those days DC didn't tax food for home prep, but did tax candy. This was before fully computerized cash registers and scanners, so each item had to be rung up by the cashier.

My list one day included baking (unsweetened) chocolate. The box said something to the effect of "for baking and candy." The cashier rang it up as taxable. I pointed out to her that it was for home prep, not for eating as is. She stopped chomping on her gum, gave me that "you idiot" look, and wordlessly pointed to the word "candy" on the box. I offered her a piece to make my point, and the nimrod accepted the offer. It was worth the price of the lost square and the sales tax just to see the look on her face.

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