February 13, 2007
To what extent does the federal Commerce Clause limit a state's power to tax companies that do business within its borders? Should a state be able to tax a company that has no physical presence within the state?
In this in-depth podcast, Arthur Rosen, a partner in the New York City office of the law firm of McDermott, Will & Emery and former Deputy Counsel of the New York State Department of Taxation and Finance, discusses the issue of nexus, the Commerce Clause as it relates to state taxation of business, the difference between physical presence and economic presence, the West Virginia Supreme Court case Tax Commissioner vs. MBNA America Bank, and Congress' role in the nexus debate. (13 minutes, 57 seconds)
To listen: right-click on the audio file below and select "Save Target As."
