Bradley attorney Bruce Ely was quoted in Law360 on predictions from experts that clarity in the battle between states and retailers over the collection of sales taxes for online purchases will likely be dashed. A panel of experts believes that the Supreme Court is not likely to grant petition of certiorari to hear South Dakota v. Wayfair. At stake is an effort that would reopen the high court’s landmark Quill decision from 1992 and reassess a standard of physical presence that has stymied efforts to have out-of-state retailers collect and remit local taxes for in-state sales.
“I think the overwhelming majority of people would bet that, unfortunately, there’s no cert granted on this one,” said Ely, a moderator at New York University's 36th Institute on State and Local Taxation. “I think the court would rather wait until there’s a split of decisions, and right now there is none.”
Ely said he thought it would be good to get an answer from the high court on the issue, which has festered for 25 years, to force Congress to act.
“That’s really what the endgame is," Ely said. "We all think that if the court would simply grant cert, it would send a message to Congress to finally step in and pass marketplace fairness, remote transaction parity or something, but it looks like that’s not going to happen anytime soon.”
The complete article, “Tax Pros Think Supreme Court Won’t Take On Quill,” appeared in Law360 on December 4, 2017.