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Retailers Say High Court Use Tax Action Is Last Resort

Law360, New York (March 23, 2015, 2:46 PM EDT) -- The brick-and-mortar retail industry is grateful that Justice Anthony Kennedy wants the U.S. Supreme Court to revisit two long-standing rulings that bar states from collecting use taxes from Internet sellers and other remote vendors, but the lobby says the best outcome will come from Congress.

Earlier this month, the high court addressed a tiny part of the battle when it ruled that taxpayers can challenge state use tax notice and reporting requirements in federal court. And in a lone concurrence, Justice Kennedy used the ruling as an opportunity to heavily criticize the Supreme Court's use tax doctrine, which he says is...

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