2021
Article by George Isaacson and Nathaniel Bessey Featured in Tax Notes State
Senior partner George Isaacson and partner Nathaniel Bessey wrote the cover article for the July 19, 2021, issue of Tax Notes State, “MTC Declares War on P.L. 86-272.” Isaacson and Bessey criticize the Multistate Tax Commission’s proposed revision to its formal statement on the application of the federal statute in the context of state enforcement of taxes on net income. They argue that the revised statement, if adopted and followed, invites states to ignore the proper application of P.L. 86-272, which would in turn lead to court challenges by out-of-state businesses under the Supremacy and Commerce Clauses of the U.S. Constitution, which would stand a good chance of succeeding.