Law360 Features State Tax Article by Martin Eisenstein

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Law360 Features State Tax Article by Martin Eisenstein


On October 4, 2019, Law360 published managing partner Martin Eisenstein’s article on “Direct Taxes: The Next Shoe To Drop After Wayfair” (subscription required). In the article, Eisenstein addresses an issue looming large after the Supreme Court’s decision in South Dakota v. Wayfair, which opened the door to the use of “economic nexus” as a basis to require sales and use tax collection by companies without a physical presence in a state: namel, whether and how states might try to use the same principle to impose direct tax obligations, e.g., gross receipts, income, and franchise taxes, on out–of–state businesses based purely on their “economic presence” in a jurisdiction.

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