A judge has dismissed an Amazon.com Inc. lawsuit challenging a New York law requiring out-of-state companies, even those engaging exclusively in e-commerce, to collect sales tax.
Amazon filed the suit in April, two days after Gov. David Paterson signed a measure requiring companies without offices in New York, but with at least one paid operator in the state, to collect sales tax. The statute applies to any company that generates more than $10,000 in New York sales in a fiscal year.
State Supreme Court Justice Eileen Bransten in Manhattan dismissed Amazon’s complaint on Tuesday for failure to show cause.
“The neutral statute simply obligates out-of-state sellers to shoulder their fair share of the tax collection burden when using New Yorkers to earn profit from other New Yorkers,” she wrote in the decision.
Seattle-based Amazon has to abide by the statute because its Associates Program pays small commissions to thousands of independent Web sites, some based in New York, that provide links to its online stores.
The Internet retailer argued that the law violates the commerce clause of the U.S. Constitution because it subjects out-of-state retailers to New York state tax obligations. It said that its associates did not specifically solicit New York business and alleged the statute unfairly targeted its operations, with some state officials referring to it as the “Amazon tax.”
A company representative said Wednesday that Amazon would not comment on the ruling.
The decision came on the same day that Moody’s Investors Service said it had put Amazon’s debt ratings on review for a possible upgrade based on the strength of its holiday performance, which Amazon said was the company’s best ever.
Shares of Amazon Wednesday closed at $48.49, down $2.96, or 5.8 percent. �
@kering_official is spinning off its stake in puma in an effort to focus on its luxury brands, the brand operator announced yesterday. “We are proud to have supported the turnaround of Puma, which now has unrivaled capabilities to take full advantage of the specific dynamics of its global markets and is poised to achieve substantial growth,” said François-Henri Pinault, Kering’s chief executive officer and chairman. Artémis will become a “long-term strategic shareholder” of Puma with a 29 percent stake. #wwdnews #wwdfashion (📷: @jilliansollazzo)
The fashion world mourns for celebrated street style photographer, Nabile Quenum, who died at age 32 in Paris.
Quenum, creator of the fashion blog “J’ai Perdu Ma Veste,” was a fashion week fixture, and regularly shot for New York magazine’s The Cut, among other outlets, and brands such as Louis Vuitton, Moncler and Adidas. He was also actively involved in the #NoFreePhotos initiative, which kicked off in the fall. Read more about Quenum in @kbsmoke's story on WWD.com. #wwdnews
@verwanggang and @maisonladuree have teamed up on a dessert collab called Vera Wang Pour Ladurée. The collection, which launched this week, features a specialty macaroon, as well as a wedding cake inspired by one of the designer’s gowns. “I could not imagine a more delicate or sophisticated creation to grace any couple’s celebration,” said Wang. #wwdfashion
“I’m Russian and I love to use all these little tricks that I got from my grandma or my mom. We didn’t have a lot of money for creams or anything like that so we would use a garden as a beauty treatment regime. We’d put cucumber in the fridge and do a cucumber mask,” says model @irinashayk on one of her beauty hacks. WWD asked celebs what their go-to self-care rituals are. See what Naomie Harris, Freida Pinto and more said on WWD.com. #wwdeye #wwdbeauty (📷: @zefashioninsider)
Exclusive: @viktorandrolf are teaming up with @Zalando on a collection made from leftover clothing. The lineup, which lands at the retailer February 1, includes 17 pieces adorned with sliced up and repurposed overstock from the retailer’s private label collection. Pictured here is a look from the collection –– see more on WWD.com. #wwdfashion #wwdnews
@duewestnyc is the newest bar joining the collection of intimate neighborhood-focused spaces in the West Village. The cocktail menu, which includes bitters and syrups made in-house, offers a “Build Your Own Old-Fashioned” – like the one pictured here – where guests can choose from a list of spirits and unexpected sugars and bitters. #wwdeye
Spotted at last night’s National Board of Review gala in NYC: Angelina Jolie. Jolie – along with Meryl Streep, @lupitanyongo and more – continued the all-black dress code from Sunday’s Golden Globes. #wwdeye (📷: @lexieblacklock)