Brann & Isaacson Wins Major Tax Injunction Act Case In U.S. Supreme Court

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Brann & Isaacson Wins Major Tax Injunction Act Case In U.S. Supreme Court


On March 3, 2015, the Supreme Court ruled unanimously in favor of the Direct Marketing Association in the case of DMA v. Brohl. Senior Partner George Isaacson and Partner Matthew Schaefer represented the DMA, and Isaacson argued the case in the Supreme Court.  In an opinion by Justice Thomas, the Court held that the Tax Injunction Act did not bar a federal district court from hearing the challenge brought by the DMA to a Colorado law imposing burdensome reporting requirements on out–of–state merchants relating to the use tax obligations of their Colorado customers. The opinion of the Tenth Circuit Court of Appeals was reversed, and the case remanded. Justices Kennedy and Ginsburg, who joined the majority opinion, issued separate concurring opinions. The opinion can be read here.

The result was reported nationally by the Direct Marketing News, ABC News, and the Washington Post, and State Tax Notes and locally by the Lewiston Sun–Journal and the Portland Press–Herald.

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