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South Dakota v. Wayfair, Inc.

United States Supreme Court

138 S. Ct. 2080 (2018)

Relevant factsFree

South Dakota (defendant) passed a law requiring online retailers to collect sales tax on goods sold to South Dakota consumers regardless of whether the retailer had a physical presence in the state; Wayfair (plaintiff) challenged the law as violating the dormant Commerce Clause under existing Supreme Court precedent requiring physical presence before a state could impose such tax-collection obligations, and the Supreme Court granted certiorari.

IssueFree

Whether states may tax a commercial shipment of goods to an in-state consumer if the seller does not have a physical presence in the taxing state.

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