Cal. Court of Appeal Clears Path for ACMA Challenge to Tax Reg.

On February 16, 2023, the California Court of Appeal issued a one-line order that will allow the San Francisco Superior Court to hear the merits of a lawsuit by the American Catalog Mailers Association (ACMA) against the California Franchise Tax Board. The ACMA filed suit in August 2022, challenging the Board’s legal authority to publish...

Article by George Isaacson and Nathaniel Bessey Featured in Tax Notes State

Senior partner George Isaacson and partner Nathaniel Bessey wrote the cover article for the July 19, 2021, issue of Tax Notes State, “MTC Declares War on P.L. 86-272.” Isaacson and Bessey criticize the Multistate Tax Commission’s proposed revision to its formal statement on the application of the federal statute in the context of state enforcement...

Tax Notes State Features Second Article by B&I Attorneys On Taxation of AI

On June 4, 2020, in the second of a two–part series, Tax Notes State featured an article on the tax treatment of artificial intelligence, “Hey Siri, What About Income Taxes on AI?” (subscription required), by B&I attorneys Martin I. Eisenstein, Jamie Szal, and Michael Carey. In it, they consider two thorny state income tax issues...

B&I Attorneys Present Webinar on the Chaos in State Tax Law, Post-Wayfair

On April 30, 2020, Brann & Isaacson senior partner George Isaacson, partner Nathaniel Bessey, and associate Jamie Szal, were featured presenters at a webinar on “Confronting the Chaos of State Taxes in the Post-Wayfair Environment,” offered by the Institute of Finance & Management. Isaacson, who represented Wayfair in the Supreme Court in South Dakota v....

B&I Attorneys Pen Cover Story for State Tax Notes

On March 16, 2020, an article by David W. Bertoni, David Swetnam-Burland, and Jamie Szal, “Crossfire Hurricane: Perils in a Post-Wayfair World,” was featured as the cover story in State Tax Notes. The authors address three unanticipated consequences for business from the 2018 Supreme Court opinion in South Dakota v. Wayfair Inc. First, home-rule jurisdictions...

Martin Eisenstein and David Bertoni Author Law360 Article

Managing partner Martin Eisenstein and partner David Bertoni published an article in Law360 on January 28, 2020, entitled, “MTC Panel’s Draft Tax Protection Update Is Incomplete” (subscription required). In the piece, Eisenstein and Bertoni critique the latest draft of the Multistate Tax Commission’s working group revising the Multistate Tax Compact and describing states’ interpretation of...

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)....

Martin Eisenstein Presents on Wayfair and Public Law 86-272 for Service Providers

On February 19, 2019, Managing Partner Martin Eisenstein presented a Strafford webinar entitled, “Nexus Limitations and Protections for Service Providers Post-Wayfair.” Eisenstein discussed the impact of the U.S. Supreme Court’s decision in South Dakota v. Wayfair on a service provider’s exposure for sales taxes, income taxes, gross receipts taxes, and franchise taxes based upon net...