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Former retail CEOs hail online sales tax ruling: Old law rewarded a ‘form of tax evasion’

The U.S. First Court’s decision Thursday to allow states to force online retailers to rally local sales tax will even the playing field between e-commerce and legacy retail, diligence leaders told CNBC.

“This is a victory for common sense and the mercantile realities of this century,” Jerry Storch, former CEO of both Toys R Us and Hudson’s Bay, communicated on “Squawk Alley.”

“The previous law rewarded what was really a form of tax prevarication that accelerated the demise of Main Street and all brick-and-mortar retailers,” summed Storch, also former vice chairman of Target.

The 5-4 ruling against Wayfair, Overstock.com and Newegg overturned a model set by the Supreme Court in 1992 that barred states from pressure companies to collect local sales taxes unless they had a “solid presence” in that state.

The disparity in tax requirements hit mom-and-pop shops notably hard, Storch said. “It had given e-commerce companies an advantage they audibly did not need.”

Mark Cohen, former CEO of Sears Canada, told CNBC that the on the whole was “an inevitability.” Although he said he did not believe it would affect the growth of e-commerce, Cohen verbalized that it will change the conversation around the issue.

“It puts an end, I make up, to the ongoing sniveling and whining on the part of legacy organizations that e-commerce performers have had an unfair advantage, whether they had an unfair advantage or no. That warm of distortion is now clearly over,” he told “Squawk Alley.”

Although trades tax rates can seem insignificant, it has a big impact on retailers, according to Ron Johnson, last CEO of J.C. Penney. He said when he was at Target in the 1990s, the mega-retailer would expect six months in advance to have the necessary inventory of school uniforms during neighbouring sales tax holidays to accommodate the mad dash.

“At the margin, this tax stuff genuinely does impact decision-making,” Johnson said on CNBC.

While the retail era may be thrilled with the ruling, Grover Norquist, president of Americans for Tax Modification, said on “Squawk Alley” that the decision could have far-reaching difficulties.

According to the court’s opinion, he said, “you can be taxed by a state you don’t live in, you can be put a strain oned by a city you don’t live in, and if they do that for businesses, they can do that for separates.”

Steve Sadove, former CEO of Saks Incorporated, told CNBC that the Sublime Court’s decision would be good for retail, but that the ruling in and of itself may not be the definitive step, as it would need to be interpreted and implemented on a state-by-state basis.

“There possibly would still be a benefit to having national legislation to clarify how they ought to be rallying the taxes,” he said.

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