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

Petition for certiorari denied on December 2, 2013

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Docket No. Op. Below Argument Opinion Vote Author Term
13-259 N.Y. N/A N/A N/A N/A OT 2013

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/12/2013Application (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.
06/14/2013Application (12A1205) granted by Justice Ginsburg extending the time to file until August 23, 2013.
08/23/2013Petition for a writ of certiorari filed. (Response due September 25, 2013)
08/27/2013Consent 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.
08/30/2013Consent 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.
09/09/2013Order extending time to file response to petition to and including October 23, 2013.
09/19/2013Brief amicus curiae of American Legislative Exchange Council filed. VIDED.
09/23/2013Brief amici curiae of Newegg, Inc., et al. filed. VIDED.
09/23/2013Brief amicus curiae of Performance Marketing Association filed. VIDED.
09/23/2013Brief amici curiae of Scrapbook.com, et al. filed. VIDED.
09/23/2013Brief amici curiae of Tax Foundation and National Taxpayers Union filed. VIDED.
09/23/2013Brief amicus curiae of American Association of Attorney-Certified Public Accountants filed. VIDED.
09/23/2013Brief amici curiae of Economists filed. VIDED.
09/23/2013Brief amicus curiae of Council on State Taxation filed. VIDED.
10/23/2013Brief of respondents New York State Department of Taxation and Finance, et al. in opposition filed. VIDED.
11/12/2013DISTRIBUTED for Conference of November 26, 2013.
11/13/2013Reply of petitioners Amazon.com LLC, et al. filed. (Distributed)
12/02/2013Petition DENIED.