Legal Opinion

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

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 2010PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Nardelli, J.

In a case with far-reaching ramifications because of the exponential expansion of cyberspace in general, and commerce over the Internet in particular, the issue presented is the constitutionality of a recent amendment to Tax Law § 1101 (b) (8) (vi) intended to force on-line retailers to collect a sales tax on purchases made by New York residents. Since we find that there are issues of fact concerning some of the as-applied challenges raised by plaintiffs to the statute, we conclude that the dismissal of the entire complaint was premature, and remand for further…

2Cases cited46 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  4. Village of Willowbrook v. OlechSupreme Court of the United States · 2000
  5. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979

41 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Overstock.com, Inc. v. New York State Department of Taxation & FinanceNew York Court of Appeals · 2013
  2. State v. Enrique T.Appellate Division of the Supreme Court of the State of New York · 2012
  3. City of New York v. ChavezDistrict Court, S.D. New York · 2013
  4. Caprio v. New York State Department of Taxation & FinanceNew York Supreme Court · 2012
  5. Wilner v. BeddoeNew York Supreme Court · 2011

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API