By Nathan Hale (November 5, 2015, 5:46 PM EST) -- A Florida appeals court wrongly found that a state law imposing tax on Florida-based florists' sale of flowers to out-of-state recipients impermissibly burdens interstate commerce, the state tax agency told the Florida Supreme Court on Thursday.
The Fourth District Court of Appeal had ruled last year that the Florida Department of Revenue's tax assessment against American Business USA Corp., which runs the online florist 1Vende, was improper because the goods at issue were never brought into Florida. But state Solicitor General Allen Winsor argued Thursday that the court mistakenly concluded that Florida lacked a nexus to the sales.
"[The challengers] say...
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