Newegg, Inc. v. Testa

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In this companion case to Crutchfield Corp. v. Testa, the Supreme Court considered Newegg, Inc.’s appeal from the imposition of Ohio’s commercial-activity tax (CAT) on revenue it earned from sales of computer-related products that it shipped into the state of Ohio. Newegg contested its CAT assessments based on its being operated outside Ohio, employing no personnel in Ohio, and maintaining no facilities in Ohio. In Crutchfield, the Supreme Court held that, under the Commerce Clause, the physical presence of an interstate business within Ohio is not a necessary condition for imposing the obligations of the CAT law given that the $500,000 sales receipts threshold adequately assures that the taxpayer’s nexus with Ohio is substantial. After applying Crutchfield’s holding in this case, the Supreme Court upheld the CAT assessments against Newegg. View "Newegg, Inc. v. Testa" on Justia Law