George Isaacson, Martin Eisenstein, and David Bertoni Published in State Tax Notes and Law360

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George Isaacson, Martin Eisenstein, and David Bertoni Published in State Tax Notes and Law360


This week has seen a flurry of publications by Brann & Isaacson partners on key issues in state tax law as we near the end of 2019.

On December 13, 2019, Law360 published an article by managing partner Martin I. Eisensteinand partner David W. Bertoni entitled, “Beware Eroding Tax Protections for Website Operators” (subscription required). The authors discuss rumblings from the Multistate Tax Commission that the group may be on the verge of revising its position on the scope of the protections offered by Public Law 86–272, a view that could lead to reduced protections for website operators.

On December 16, 2019, State Tax Notes published an article authored by Eisenstein and Bertoni, “Wayfair Misused: States and Cities Seek to Expand Their Tax Powers” (subscription required), in which they survey expected actions by state and local tax jurisdictions to expand their power under the South Dakota v. Wayfair opinion of the U.S. Supreme Court; they also highlight arguments businesses can make against such expansive actions by tax authorities.

In the same issue of State Tax Notes, senior partner George S. Isaacson’s Board Brief, “Through the Looking Glass,” provides a year in review of “economic presence” arguments being made by states under Wayfair, and state efforts to undermine the protections of P.L. 86–272.

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