Alabama Court Cancels Alabama Use Tax Assessment Against Scholastic Book Clubs

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Alabama Court Cancels Alabama Use Tax Assessment Against Scholastic Book Clubs


In an order issued on August 18, 2017, the Circuit Court of Montgomery County, Alabama canceled an assessment of use tax issued against Scholastic Book Clubs, concluding that Scholastic, represented by partner David Bertoni, lacked sufficient contacts with Alabama to be required to collect and remit tax. The court found that the activities of teachers and parent educators did not make them sales agents or representatives of Scholastic in Alabama. Accordingly, those activities could not be attributed to the company for purposes of creating sales tax nexus.

The case is Scholastic Book Clubs, Inc. v. State of Alabama, Department of Revenue, Case No. CV–2016–900562.00.

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