On Demand Audio

Wayfair, You’ve Got Just What I Need: But Will Fashion Be the Same?

(124 reviews)

Produced on January 31, 2019

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Course Information

Time 60 minutes
Difficulty Intermediate

Course Description

Online shopping is set for a sea change as profound as the internet itself. Last year, the U.S. Supreme Court held that online retailers must have the right to collect and forward taxes to state taxing authorities. Gone are the days where online shopping mavens can find a bargain and avoid sales tax. The real issues created by the South Dakota v. Wayfair case are several, including what states are doing now, how you can comply today, and how marketplaces such as Amazon be will adversely affected.

Join Rania V. Sedhom, Founder and Managing Member of Sedhom Law Group, PPLC, a Bespoke Law Firm and Rachel Partain, a partner member at tax boutique law firm Caplin & Drysdale, as they discuss the resultant issues that will affect the fashion industry.


Learning Objectives:
  1. Review the Wayfair case
  2. Identify current sales tax laws and state tax departments plans for the future
  3. Explore whether a marketplace vs. retailer are held to different standards
  4. Address contractual provisions that are affected by Wayfair
  5. Discuss the future of online shopping


Credit Information

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Faculty

Rachel Partain

Caplin & Drysdale

Rachel L. Partain is a Member of Caplin & Drysdale, where her practice focuses on representing high-net-worth individuals (HNWIs), corporations, and TEFRA and other partnerships in complex federal and state tax controversy and litigation matters.

In the tax controversy arena, Ms. Partain provides skilled counsel to clients involved in examinations, appeals, tax and bankruptcy litigation, collections, compliance reviews, and internal investigations. Moreover, she partners with clients to develop policies and procedures that help reduce their risks and enhance their business operations.

Ms. Partain routinely appears before the Internal Revenue Service, the Department of Justice, and other government regulators to advocate for her clients' best interests. Notable representations include:

  • handling Appeals and Tax Court proceedings involving Schedule C deductions and the civil fraud penalty;

  • terminating a New York state franchise tax audit relating to whether a corporation was "doing business" in the state; and

  • resolving a tax-exempt bond examination with no changes.


Prior results do not guarantee a similar outcome.

Ms. Partain also:

  • defends companies and individuals in IRS and state promoter investigations;

  • represents captive insurance arrangements involving income tax and federal excise tax (FET) issues;

  • advises clients with uncertain tax positions and related privilege issues; and

  • counsels HNWIs involved in voluntary disclosures, including for unreported foreign accounts and unfiled FBAR forms in connection with the IRS's OVDI, OVDP, and corresponding state programs.

Clients further benefit from Ms. Partain's substantial experience in advising businesses and HNWIs on how to structure transactions in a tax-efficient manner. Representations include:

  • counseling clients on debt equity characterization, tax treatment of settlement payments, debt modification, cancellation of indebtedness, income tax accounting, Section 382 limitations, and treaty issues; and

  • advising on matters relating to reorganizations, distributions, and inbound and outbound transactions.

In 2012, Ms. Partain was awarded the Nolan Fellowship by the American Bar Association's Section of Taxation.  The award honors a select group of outstanding young tax lawyers from across the nation who have shown significant contribution, service, and leadership.  Ms. Partain is also distinguished with a Martindale-Hubbell® AV® Preeminent™ rating, was recommended in 2017 by The Legal 500, and was recognized by Super Lawyers as a "Rising Star" in 2013-2014.

She is currently the Chair of the ABA Tax Section's Standards of Tax Practice Committee, where she educates practitioners on ethical standards and the requirements of Circular 230.  Ms. Partain is also Associate Editor for the ABA Tax Times.

An active participant in pro bono activities, Ms. Partain handles pro bono matters in Tax Court through the New York Calendar Call Program, the New York University School of Law Tax Clinic, and the Duke University School of Law Low-Income Taxpayer Clinic.

Ms. Partain is barred to practice in New York and the District of Columbia.  She earned LL.M. from New York University School of Law and her J.D. from the University of Chicago Law School.





Rania V. Sedhom

Sedhom Law Group, PLLC

Rania V. Sedhom, Managing Partner of the firm, is an attorney who provides practical and efficient solutions to complex problems. Rania has extraordinary interpersonal skills that allow her to forge win-win relationships across diverse organizations and cross-functional stakeholders. She is also a skilled legal and business commentator with appearances on national print and TV media, including L.A. Times, the Chicago Tribune, the Baltimore Sun, Forbes, Inc., Business Week, and CNN Money. 

 Rania is admitted to the Bars of the State of New York and New Jersey, the Eastern District of New York, the Southern District of New York, the District of New Jersey and the Third Circuit. Rania attended Syracuse University College of Law, where she was Editor of The Labor Lawyer and The Digest and served as Vice-Justice of the Phi Alpha Delta Law Fraternity. Prior to law school, Rania attended Columbia University where she majored in political science.



Reviews

RC
Rachel C.

Very helpful.

RR
Richard R.

Very interesting and informative. Great faculty.

WT
William T.

Entertaining and informative.

SE
Sarah E.

Rania is my favorite presenter!

MB
Matthew B.

The most enjoyable CLE that I have taken on Lawline to date. Superb.

JP
Jennifer P.

Very interesting topic

EC
Erin C.

great presenters and great practical examples given. I have listened to CLE that included discussion of this case, but this was the best application discussion I have heard so far.

CT
Christine T.

These ladies made this CLE entertaining as well as informative. So very nice.

ML
Michele L.

One of the best CLEs for me so far! Loved these women!

BG
Benjamin G.

I thought the presenters were fantastic. Kept it interesting the whole time.

RH
Regina H.

Good presentation and helpful information

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