Isaacson Argues Major U.S. Supreme Court Tax Case On Behalf of Retailers

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Isaacson Argues Major U.S. Supreme Court Tax Case On Behalf of Retailers


On Tuesday, April 17, 2018, Brann & Isaacson senior partner George Isaacson  presented oral argument in South Dakota v. Wayfair on behalf of three leading Internet retailers, Wayfair, Overstock, and Newegg, in the most important sales tax case to face the Supreme Court in the past 25 years. In their brief for the Respondents, the B&I legal team, which also includes Martin Eisenstein and Matthew Schaefer, argued that the Supreme Court should not overturn the constitutional holding of Quill v. North Dakota, which for decades has barred States from requiring remote sellers which lack a physical presence in a state to collect sales tax, all themes Isaacson struck in his presentation to the Court. In its account of the argument, The Wall Street Journal noted that several of the justices “seemed reluctant to overturn” the 1992 opinion in Quill, citing the many difficulties inherent in upending the Court’s longstanding precedent and asking whether Congress was not the more appropriate venue for enacting such a change.

This was Isaacson’s second argument to the Supreme Court in the past few years—a notable achievement for an attorney in private practice in Maine. In 2015, he successfully argued the case of DMA v. Brohl, winning victory by a unanimous vote. The firm has represented over 100 companies in sales and use tax matters throughout the country.

A decision in the case is expected in June.

The transcript of the oral argument is available here.

The argument was also covered in the New York Times and the Lewiston Sun–Journal.

 

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