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24 J. Marshall J. Computer & Info. L. 641 (2005-2006)
Borders Online, LLC v. State Board of Equalization: It's Time for Congress to Weight the Possibilities of this California Decision

handle is hein.journals/jmjcila24 and id is 649 raw text is: CASENOTE
BORDERS ONLINE, LLC V. STATE
BOARD OF EQUALIZATION: IT'S TIME
FOR CONGRESS TO WEIGH THE
POSSIBILITIES OF THIS
CALIFORNIA DECISION
RONNIE E. WEBBt
I. INTRODUCTION
Online sales tax has been a controversial issue since the birth of e-
commerce.1 A variety of evolving issues regarding the potential effect of
an online sales tax include: consumer demand for buying online;2 the
resultant amount of tax dollars that the government loses each year;3
the difficulty of running an online company that is susceptible to taxa-
tion in over 7,500 tax jurisdictions across the country;4 and tax fairness
for brick-and-mortar merchants competing against online companies.5
Tax law is complicated. It can create barriers to effective operation
for companies of all sizes. A company that conducts business in more
than one state needs to know if and when it is responsible for collecting
and paying state sales and use tax on its retail sales. Accordingly, corpo-
rations need to know how state tax laws will affect them. Feeling secure
t Ronnie E. Webb is a J.D./LL.M. Tax Law Candidate at the John Marshall Law
School. He would like to thank Professor Susan Connor for her contributions to this Arti-
cle. He would also like to thank his wife, Laura, and daughters Sydney, Alexis, and Olivia
for their love and support during the many long hours he spent working on this Article.
1. Keith Regan, States Renew Online Sales Tax Push, E-Commerce Times, http://
www.ecommercetimes.com/story/45882.html (Sept. 1, 2005).
2. Id.
3. Douglas MacMillan, Online Sales Tax: Time to Pay Up, E-Commerce Times, http://
www.ecommercetimes.com/story/51630.html (July 9, 2006).
4. Id.
5. Laura Gordon-Murnane, E-Commerce and Internet Taxation: Issues, Organiza-
tions, and Findings, http:/www.infotoday.com/searcher/jun00/gordon-murnane.htm (Vol.
8, No. 6, June 2000).

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