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Brief of Brill, Knoll, Mason, and Viard as Amici Curiae in Support of Petitioner in South Dakota v. Wayfair, Inc.

Brief of Brill, Knoll, Mason, and Viard as Amici Curiae in Support of Petitioner in South Dakota v. Wayfair, Inc.

Mar 6, 2018 | Testimony

The passage of time and changing circumstances have rendered the physical-presence requirement articulated in National Bellas Hess, Inc. v. Department of Revenue, 386 U.S. 753, 758 (1967), and Quill Corporation v. North Dakota, 504 U.S. 298, 324-15 (1992), a harmful anachronism. Standard tools of economic analysis that the Court considered in Comptroller of the Treasury v. Wynne reveal that South Dakota’s sales and use tax regime, as amended by S.B. 106, promotes neutral treatment of in-state and interstate commerce. By contrast, the bright-line physical-presence requirement set forth in Bellas Hess and Quill forces states to extend what is in practice a discriminatory subsidy in favor of a specific class of out-of-state sellers, namely, those sellers who lack a physical presence within the state. On the facts of the challenged statute, there is no valid economic reason to mandate such a discriminatory subsidy.

Economist Warns Against Undoing Corporate Rate Cut

Economist Warns Against Undoing Corporate Rate Cut

Mar 5, 2018 | News

“[Alex] Brill noted that other developed countries have already begun to reduce, or have proposed reducing, their corporate rates in response to the Tax Cuts and Jobs Act (P.L. 115-97), which has in turn prompted some concerns of a “race to the bottom” of countries competing with each other by shrinking their corporate tax revenue base. If the United States reverted to a 35 percent corporate rate or even just partially undid the rate cut, it could put itself at an even greater competitive disadvantage than it was in before the TCJA’s passage, Brill said.”