Skip to content

Overstock.com, Inc. v. New York State Department of Taxation and Finance

Petition for certiorari denied on December 2, 2013

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
13-252 N.Y. N/A N/A N/A N/A OT 2013

Issue: Whether a business that has no employees or operations in a state is deemed to be physically present, and therefore subject to the state"s taxing power, merely by entering into contractual relationships with residents of the state who are not its legal agents.

DateProceedings and Orders (key to color coding)
06/12/2013Application (12A1196) 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.
06/12/2013Application (12A1196) granted by Justice Ginsburg extending the time to file until August 23, 2013.
08/22/2013Petition for a writ of certiorari filed. (Response due September 23, 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 petitioner. VIDED.
08/30/2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the (Amazon .com LLC, et al.) respondents 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.
11/12/2013Reply of petitioner Overstock.com, Inc. filed. (Distributed)
12/02/2013Petition DENIED.