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Supreme Court Leaves NY Online Sales Tax Law In Place

By Tony Mauro
December 31, 2013

December 2 was an extraordinary day for Amazon.com Inc., the mammoth online retailer: Cyber Monday sales reached new heights, its fanciful plan to use drones to make deliveries was creating buzz ' and then the U.S. Supreme Court spoiled it all by turning down Amazon's challenge to online sales taxes.

That perfect storm may explain why the Supreme Court's denial of certiorari in Amazon.com v. New York and the parallel case, Overstock.com v. New York, made such big news, even though the issue of taxing Internet purchases is far from resolved.

Justices often complain that the media make too much of cert denials, when those denials usually have more to do with the configuration of a specific case than the justices' views of the underlying issue. Another case raising the same issue could come along ' and on this issue, one probably will ' and the justices could grant it, without an ounce of remorse about all the trees that were felled for the briefs in the earlier cases.

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