B&I-Authored Article Featured on the Cover of Tax Notes State

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B&I-Authored Article Featured on the Cover of Tax Notes State


An article by Brann & Isaacson managing partner Martin Eisenstein, partner David Swetnam-Burland, and summer associate Matthew Pick, who will join the firm as an associate in September 2022, entitled “Post-Wayfair, Franchise Taxes Still Fail Complete Auto Inspection” (subscription required), is featured on the cover of the October 18, 2021, issue of Tax Notes State. In this installment of the firm’s regular Eyes on E-Commerce column, the authors argue that efforts by some states to rely on the U.S. Supreme Court’s opinion in South Dakota v. Wayfair to sanction their franchise taxes do not cure inherent constitutional defects in those taxes, which violate the Commerce Clause under the still-valid test of Complete Auto Transit v. Brady.

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