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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George Isaacson Addresses Boston Bar Association On Wayfair’s Impact

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On November 2, 2018, Senior Partner George Isaacson discussed the impact of the U.S. Supreme Court’s recent decision in South Dakota v. Wayfair for taxpayers and taxing jurisdictions at an event hosted by the Boston Bar Association. Isaacson represented Respondents Wayfair, Overstock.com, and Newegg in Wayfair, and argued the case in the Supreme Court—his second...

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Eisenstein Speaks on Wayfair v. South Dakota at Massachusetts Taxpayers Foundation

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On September 25, 2018, Martin Eisenstein presented at the annual meeting of the Massachusetts Taxpayers Foundation.  He discussed the United States Supreme Court’s decision in Wayfair v. South Dakota, which changed the test for sales tax nexus, replacing the earlier physical presence test with an economic substance test.  As Eisenstein noted, the Court underscored that...

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On the Cover of State Tax Notes: Isaacson and Bertoni Discuss Stare Decisis

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George Isaacson and David Bertoni made the cover of State Tax Notes this month with the latest installment of Brann & Isaacson’s quarterly column Eyes On E-Commerce.   In their article, “The Strange Death of Stare Decisis” Isaacson and Bertoni contend that the U.S. Supreme Court’s recent decisions in South Dakota v. Wayfair and Janus v....

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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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Eisenstein and Schaefer Answer Questions About Post-Wayfair Compliance for ACMA “Legal Corner”

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In a post on the American Catalog Mailers’ Association “Legal Corner” on July 26, 2018, B&I Partners Martin Eisenstein and Matthew Schaefer provided answers to some of the fundamental questions confronting remote sellers striving to comply with sales tax requirements in multiple states in the wake of the U.S. Supreme Court’s decision in South Dakota...

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Matthew Schaefer Discusses Post-Wayfair Landscape in Podcast

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Partner Matthew Schaefer recently spoke with host Mike O’Brien of MultiChannel Merchant on the MCM CommerceChat podcast in a session assisting retailers in “Breaking Down the Aftermath of the Wayfair Decision.” Schaefer explained key aspects of the U.S. Supreme Court’s recent decision in South Dakota v. Wayfair, in which he took part as a member...

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Isaacson Addresses Congressional Internet Caucus Academy on Wayfair’s Effects

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Senior Partner George Isaacson joined a distinguished panel of experts on Monday, July 9, 2018, to consider the effects of the U.S. Supreme Court’s opinion in South Dakota v. Wayfair, Inc. In that opinion, the Court overruled long–standing precedent and held that a state tax authority may require an out–of–state business to collect and remit...

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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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B&I Wins High-Profile Alabama Tax Dispute Over “Kill Quill” Rule

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On June 14, 2018, the Alabama Tax Tribunal entered an Opinion and Final Order voiding a sales/use tax assessment issued against Newegg Inc. by the Alabama Department of Revenue under the Department’s economic nexus regulation, Ala. Admin. Code r. 810-6-2-.90.03. The regulation and Newegg’s appeal received considerable attention because the rule targeted of out-of-state retailers...

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