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NY Appeals Court Allows Portions of Amazon Sales Tax Argument to Go Forward

November 5, 2010
By Michael Cader

Both sides are claiming victory in the long-running dispute between Amazon (and Overstock) and New York state over the collection of sales taxes. A court of appeals unanimously ruled that the “dismissal of the entire complaint was premature” and portions of the lawsuit can proceed. The court found that at least portions of the New York law are constitutional, but will let the plaintiffs present further arguments over whether online affiliates are considered to “solicit business” within the state, and whether or not those affiliates are “significantly associated” with the companies’ business in New York.CnetBTW

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