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Amazon.com, LLC v. New York State Department of Taxation and Finance

Certiorari Denied

Petition for certiorari denied on December 2, 2013.

Docket No.13-259
Op. BelowN.Y.

Issue

(1) Whether New York Tax Law " 1101(b)(8)(vi), which establishes an effectively irrebuttable evidentiary presumption that out-of-state Internet retailers that have no physical presence in the state " such as petitioners " are instate "vendors" and therefore must collect New York sales and use taxes on all of their sales to New Yorkers, violates the Commerce Clause by imposing tax-collection obligations on out-of-state retailers that have no physical presence in New York; and (2) whether Section 1101(b)(8)(vi) violates the Due Process Clause by adopting an effectively irrebuttable evidentiary presumption that the prerequisites for taxation under the Commerce Clause have been satisfied.

Proceedings & orders timeline

Jun 12, 2013
Application (12A1205) to extend the time to file a petition for a writ of certiorari from June 26, 2013 to August 23, 2013, submitted to Justice Ginsburg.
Jun 14, 2013
Application (12A1205) granted by Justice Ginsburg extending the time to file until August 23, 2013.
Aug 23, 2013
Petition for a writ of certiorari filed. (Response due September 25, 2013)
Aug 27, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Overstock.com, Inc., VIDED.
Aug 30, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from from counsel for the (Amazon. com LLC, et al.) petitioners VIDED.
Sep 9, 2013
Order extending time to file response to petition to and including October 23, 2013.
Sep 19, 2013
Brief amicus curiae of American Legislative Exchange Council filed. VIDED.
Sep 23, 2013
Brief amici curiae of Newegg, Inc., et al. filed. VIDED.
Sep 23, 2013
Brief amicus curiae of Performance Marketing Association filed. VIDED.
Sep 23, 2013
Brief amici curiae of Scrapbook.com, et al. filed. VIDED.
Sep 23, 2013
Brief amici curiae of Tax Foundation and National Taxpayers Union filed. VIDED.
Sep 23, 2013
Brief amicus curiae of American Association of Attorney-Certified Public Accountants filed. VIDED.
Sep 23, 2013
Brief amici curiae of Economists filed. VIDED.
Sep 23, 2013
Brief amicus curiae of Council on State Taxation filed. VIDED.
Oct 23, 2013
Brief of respondents New York State Department of Taxation and Finance, et al. in opposition filed. VIDED.
Nov 12, 2013
DISTRIBUTED for Conference of November 26, 2013.
Nov 13, 2013
Reply of petitioners Amazon.com LLC, et al. filed. (Distributed)
Dec 2, 2013
Petition DENIED.

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