Reflections on the Current State of “Attributional Nexus”: When May a State Use the Presence of an In-State Entity to Claim Jurisdiction over an Out-of-State Seller

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The downturn in the national economy has triggered a budgetary crisis for many state governments. Undoubtedly, legislatures will seek increased revenues as part of the solution to the budgetary shortfalls. One politically easy solution is to expand the reach of the state’s taxes to sweep in companies that earn income or enjoy other benefits that can be viewed as occurring within the state’s boundaries, i.e., by expanding the state’s jurisdiction to tax to more out-of-state entities.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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