Just got more news.....................
A case in South Dakota will be the quickest way to relief for B&M stores to level the field.
The state enacted new laws that said if a seller did "X" amount of business in the state, then they had "nexus", a connection (rather than requiring a physical presence).
The on-line sellers sued the state and the court held for the defendants. Now the case is at the state Supreme Court and if it also fails there, we will have a case at the US Supremes maybe next year, should they decide to accept the case...................
South Dakota is attempting to have the U.S. high court ruling reversed. The state filed a lawsuit against several remote retailers in 2016 based on a law passed that year that requires out-of-state sellers who exceed revenue or transaction thresholds to comply with state sales tax laws. A state judge sided with the defendants in March.
In its brief to the South Dakota Supreme Court, the state acknowledges the “unusual” law is contrary to the 1992 decision and asks for a swift loss so the case can be appealed to the U.S. Supreme Court. The defendants’ brief calls it an “awkward, unprecedented, and unfair manipulation of the court system.”
Max Behlke, director of budget and tax policy at the National Conference of State Legislatures, said other states including Alabama, Indiana, Maine and Wyoming have similar laws.
“The fact that it is one decision away from ... petitioning to the United States Supreme Court is by far further along than any other state,” he said. “The state tax world’s eyes have all been on South Dakota.”
The state says in its brief that the U.S. Supreme Court would only be able to decide the case by June 2018 if the state high court rules by about this time. It takes four U.S. Supreme Court justices to vote to hear a case, or grant certiorari.
If the Supreme Court overturns the 1992 decision, state tax collectors would be able to reach across their borders to impose sales tax obligations on businesses who sell to residents in their states, said Steve DelBianco, executive director of NetChoice, an e-commerce trade group.
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