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Amazon Sues New York State

Thu, 05/01/2008 - 10:18 — birdie

PW reports: They said they would and now they have.

Amazon has filed suit in New York challenging the constitutionality of the state’s newly signed measure requiring out-of-state online retailers to collect sales tax on purchases made by residents of the state. The company maintains that because it has no physical presence in the state it has no nexus requiring it to collect tax. The New York statute says that members of Amazon’s affiliates program does in fact provide nexus. News of the suit first appeared in this morning’s Shelf Awareness.

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Thu, 05/01/2008 - 10:22 — Great Western Dragon

Yup

Well that didn't take long. I smell fresh ink. Amazon had this one ready to roll before the law ever went into effect.

Some books contain the machinery required to create and sustain universes. Tycho (Jerry Holkins) @ Penny Arcade

Thu, 05/01/2008 - 12:12 — EricjWaldman (not verified)

The Handwriting is on the Wall

If this was filed in a NY state court, the NY Supreme court will uphold this, then a US circuit court will reverse it.

It this suit was filed in a federal court, then the tax is dead in the water.

Either way, NY won't collect a single cent.

Thu, 05/01/2008 - 16:14 — birdie

an attorney I know

thinks it will end up in the Supreme Court.

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