“Physical presence” is an elusive concept in the age of internet storefronts and smartphone apps. The state is pressing for the court to permit sales tax on companies with an “economic presence” in a state.
Three current justices Clarence Thomas, Anthony Kennedy, and Neil Gorsuch have expressed concern and skepticism about the proposed precedent. Regardless of the court decision, Congress has the final say. Amazon and Overstock are leading voices that support this nationwide law.
Deborah White says this issue has been present since 1992. This means Congress has waited for over 25 years to act on this matter. The name of the case is South Dakota v. Wayfair, 17-494.
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