http://www.reuters.com/article/2013/12/02/us-usa-court-tax-idUSBRE9B10HV20131202
-From the article-
- Amazon.com Inc and other online retailers with no physical presence in New York State must go on collecting sales tax after the U.S. Supreme Court on Monday declined to hear a legal challenge to the law that requires it.
The court order means the New York law remains intact and the high court will not, at least for now, definitively rule on the heavily contested question of whether states have the power to pass such laws.
According to the Tax Foundation, a conservative-leaning think tank in Washington, 11 other states have recently passed laws seeking to expand their tax authority over out-of-state retailers.
Amazon and Overstock.com Inc both had challenged the New York state law. Though dealt a legal blow, the companies will see little, if any, adverse earnings effects, analysts said on Monday.
In a March ruling for the state government, the New York State Court of Appeals said Amazon and Overstock could be compelled by the state to collect tax from online sales. Both companies sought the high court’s review of the ruling, citing the Commerce Clause of the Constitution, which limits the power of states to regulate interstate commerce.
-End Article snippets-
My guess is SCOTUS is passing on this and waiting to review/rule on other cases that are more important in the justices minds?
How can states, tax interstate commerce when the commerce clause specifically restricts it?
Seems pretty clear to me they can’t. But the restrictions in the Constitution haven’t really been followed lately- not to mention our rights have not been upheld lately; by most in government…
Thoughts?
