United States: Tax Injunction Act Does Not Bar Suit By Online Retailers Trade Association, But May Not Be The Last Word On Taxation Of Online Sales
The U.S. Supreme Court unanimously held on March 3 that the Tax Injunction Act does not bar a lawsuit brought by the Direct Marketing Association, a trade association of retailers, challenging the enforcement of a Colorado law that imposes notice and reporting obligations on out-of-state retailers whose Colorado customers have made purchases online. Direct Marketing Ass’n v. Brohl, No. 13-032. In a concurring opinion, Justice Kennedy invites reconsideration of the long-standing physical presence requirement […]