Tuesday's Supreme Court decision in Direct Marketing Ass'n v. Brohl involved a procedural question, but the underlying substantive issue is also very important: What can states do in order to collect sales and use taxes on Internet and direct mail transactions, where the seller is outside the state but the buyer is inside? And Justice Anthony Kennedy's concurring opinion signals that - when the substantive issue comes before him - the answer would be "a lot": he would reverse Supreme Court precedent that generally bars states from collecting such taxes from the out-of-state sellers.
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