Bertoni and Swetnam-Burland Pen Cover Article For State Tax Notes

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Bertoni and Swetnam-Burland Pen Cover Article For State Tax Notes


Partners David Bertoni and David Swetnam-Burland have written the cover article for the March 11, 2019, issue of State Tax Notes. In their article, “Storming the Castle: Qui Tam After Sprint’s $330M Settlement” (subscription required), they examine efforts of private parties and states to use state false claims acts to bring lawsuits alleging the under-collection of state taxes—warning that the Supreme Court’s opinion in South Dakota v. Wayfair could exacerbate the situation. In particular, the authors discuss Sprint’s $330 million settlement with New York over alleged failure to collect and remit tax on calling plans; how uncertainty created by Wayfair might inspire a new wave of false claims lawsuits; and why businesses must take greater care than ever to comply with their shifting and uncertain obligations to collect and remit state and local taxes.

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