Martin Eisenstein Discusses Aftermath of Wayfair at Marcus Evans Tax Summit

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On November 8, 2018, Brann & Isaacson Managing Partner Martin Eisenstein addressed the Marcus Evans annual tax summit in Pasadena, California. His presentation was entitled, “The Aftermath of the Supreme Court’s Decision in Wayfair: Will the States be on the Warpath?” in which he addressed the fall-out from the Supreme Court’s 2018 opinion in Wayfair...

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Martin Eisenstein and Nathaniel Bessey Pen State Tax Notes Cover Story

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An article by managing partner Martin Eisenstein and partner Nathaniel Bessey, “Wayfair and P.L. 86-272 in a Services Economy,” is the cover story in the November 5, 2018, issue of State Tax Notes. In the piece, Eisenstein and Bessey explore the broader potential impacts of the Supreme Court’s recent opinion in South Dakota v. Wayfair...

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Schaefer Details Post-Wayfair Uncertainty in New Article

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Partner Matthew Schaefer, who served as co-counsel to the Respondents in the landmark case of South Dakota v. Wayfair Inc., has published a feature article in the August 2018 edition of Digital Business Lawyer reporting on the Supreme Court’s Wayfair decision and the uncertainty it leaves for remote sellers and states regarding the enforceability of...

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SUPREME COURT ISSUES 5–4 OPINION IN HIGH–PROFILE STATE TAX CASE

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On June 21, 2018, the United States Supreme Court issued its opinion in South Dakota v. Wayfair, Inc., the most significant state tax case to face the high court in decades. In a narrow, 5-4 decision, the Court overruled long–standing precedent, announced first in National Bellas Hess v. Department of Revenue of Illinois (1967) and...

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Indiana “Economic Presence” Nexus Law Suspended Pending Litigation

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On August 28, 2017, the Indiana Department of Revenue acknowledged that it has no authority to enforce Indiana’s new “economic presence” nexus statute (House Enrolled Act 1129) as a result of ongoing litigation regarding the law’s constitutionality now pending in state Superior Court in Indianapolis.  Under the new law, which took effect on July 1,...

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ACMA and NetChoice File Suit Challenging Wyoming and Indiana Anti-Quill Laws

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Last week, on behalf of the American Catalog Mailers Association and NetChoice, Brann & Isaacson initiated lawsuits in state court in Wyoming and Indiana, challenging the constitutionality of each state’s “economic nexus” statute, due to take effect July 1, 2017.  On Wednesday, June 28, the associations filed suit in Circuit Court in Laramie County, Wyoming...

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Substantial Nexus Under Siege: Industry Fights Back!

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Martin Eisenstein and David Bertoni have published their latest blog for members of the American Catalog Mailers Association:  The Industry Is Fighting Back.   The blog goes over each of the major battlefronts in the states’ multi-pronged effort to overturn the long-settled Commerce Clause rule of “substantial nexus,” which requires that companies have a physical presence...

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Oregon Following in Ohio’s Footsteps?

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Its being reported that the State of Oregon is considering enacting a tax modeled on Ohio’s infamous Commercial Activity Tax (the “Ohio CAT”).  “The plan,” according to reports, “would scrap Oregon’s corporate income tax system in favor of a 0.39 percent Commercial Activity Tax, or CAT, modeled after Ohio’s system. It would also cut taxes...

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