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Expert Analysis

More Twists And Turns May Follow In Use Tax Dispute

Law360, New York (March 6, 2015, 4:09 PM EST) -- On March 3, the U.S. Supreme Court unanimously held in Direct Marketing Association v. Brohl that the Tax Injunction Act (TIA) does not bar Direct Marketing Association's federal lawsuit against Colorado.[1] The TIA provides that federal courts shall not "enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State."[2] In rejecting the application of the TIA to Colorado's use tax notice and reporting requirements, the Supreme Court's decision narrows the applicability of the TIA....

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