State & Local
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December 09, 2024
Microsoft Wrong On Foreign Earnings, Ore. Tells Tax Court
The Oregon Tax Court was correct to reject alternatives pitched by Microsoft for treatment of its repatriated foreign earnings when calculating Oregon taxable income, the state tax department told the court.
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December 09, 2024
La. Authorizes Local Property Tax Exemption For Biz Inventory
Louisiana authorized the creation of optional local property tax exemptions for business inventories as part of a bill signed by the governor, though whether the measure takes effect is contingent on the passage of a proposed amendment to the state constitution.
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December 09, 2024
Chicago Pol's Lies Enough To Keep Conviction, Feds Say
The government urged the U.S. Supreme Court not to disturb a former Chicago alderman's conviction for lying about money he'd borrowed from a since-shuttered bank, arguing his knowing understatements were enough to illegally mislead federal investigators.
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December 09, 2024
Nevada Sept. Sales Tax Revenue Declines 1% From Last Year
Nevada's sales tax revenue collection in September fell roughly 1% compared with the same period last year, according to a report from the state's Department of Taxation.
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December 09, 2024
W.Va. Tax Collections Through Nov. Beat Forecast By $5M
West Virginia general revenue collection from July through November beat forecasts by $5 million, according to the state Budget Office.
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December 09, 2024
Texas Net Revenue Through November Rises 1% From 2023
Texas' total net revenue collection from September through November was 1% higher compared with the same period in the last fiscal year, according to a report from the state comptroller.
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December 06, 2024
Neb. Tribe Asks US High Court To Undo Tobacco Sales Ruling
A Nebraska tribe's tobacco companies are asking the U.S. Supreme Court to overturn an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors, arguing that Native American nations' ability to conduct their own affairs within their own borders is at stake.
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December 06, 2024
Ark. Justice Rejects Tax Case Recusal Over Owning 1 Share
An Arkansas Supreme Court justice said her ownership of one share of stock in Murphy USA doesn't require her to recuse from a pending case in which the oil business is defending tax refunds stemming from allocating deductible interest payments to Arkansas.
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December 06, 2024
Mass. Tax Interest Rates To Drop In First Quarter Of 2025
Massachusetts' interest rates for tax overpayments and underpayments will drop by a percentage point in the first quarter of 2025, the state Department of Revenue said.
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December 06, 2024
Simpson Thacher Adds Tax Pro From Ropes & Gray
Simpson Thacher & Bartlett LLP announced the firm has added a tax professional from Ropes & Gray LLP as a partner in its Washington, D.C., office.
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December 06, 2024
Alcatel Asks Pa. Justices For Remand On $4M Tax Refund
The Pennsylvania Supreme Court should remand Alcatel-Lucent's case against the commonwealth over a $4 million income tax refund so that a more complete factual record can be established, the company told the justices in an application for reargument.
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December 06, 2024
Taxation With Representation: Skadden, Gibson Dunn
In this week's Taxation With Representation, BlackRock buys HPS Investment Partners, TreeHouse Foods Inc. buys Harris Tea, Aya Healthcare acquires Cross Country Healthcare, and Bruin Capital launches a soccer representation business.
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December 06, 2024
Ore. Court Says Social Security Counts In Tax Break Test
An Oregon man was rightly denied a property tax deferral because his household income exceeded the limit for beneficiaries, the state tax court said, rejecting his argument that his exempt Social Security income should not be counted in that determination.
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December 05, 2024
NYC's Denial Of Tax Break For Paid Commissions Affirmed
New York City properly denied an architectural firm's deductions for commissions paid to a domestic international sales organization owned by the firm's partners, a New York state appeals court affirmed Thursday, saying the city wasn't required to follow the federal deduction rules for the payments.
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December 05, 2024
Ohio Court Affirms Nix Of Bid To Double $42M Property Value
An effort to nearly double the $42 million taxable value of a property to its recent sale price was correctly dismissed, an Ohio state appeals court said, upholding a state law barring complaints based on the untimeliness of a sale.
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December 05, 2024
Texas Court Strikes Down Change In Sales Tax Sourcing
A Texas tax agency regulation that declared that fulfillment centers are not automatically places of business for local sales tax sourcing is harmful to the Texas cities that opposed it and the state comptroller of public accounts is banned from enforcing it, a state trial court judge said.
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December 05, 2024
Mich. House Panel OKs Fix To Avoid Double Tax On Deliveries
Michigan would allow certain marketplace facilitators of deliveries to deduct sales tax that they paid to sellers to avoid potential double-taxation issues under a bill advanced by a state House of Representatives tax-writing committee.
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December 05, 2024
Mich. Legislature OKs Allowing LLC Status For Telecom Cos.
Telecommunication companies would be able to convert to limited liability companies in Michigan while continuing to be considered corporations for state tax purposes under a package of bills passed by the Legislature.
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December 05, 2024
La. Enacts Flat Income Tax, Will End Franchise Tax In 2026
Louisiana will eliminate its tiered corporate and individual income tax regime in favor of flat taxes and will scrap the state's corporate franchise tax in 2026 under a package of bills signed Thursday by the governor.
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December 05, 2024
Ariz. Parcel's Improvements Have No Value, Tax Court Says
The improvements to an industrial parcel in Arizona have no value, the state tax court ruled, agreeing with the owner that a county assessor's valuation of the property was excessive.
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December 04, 2024
Ohio Clarifies Sales Tax Exception For Food Manufacturing
An Ohio sales and use tax exception for property used in manufacturing applies to cleaning supplies used in food production and not just cleaning supplies used in the production of dairy products, the state Department of Taxation clarified in adopted regulatory amendments.
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December 04, 2024
Ind. Tax Board Says Waste Hauler's Equipment Not Taxable
An Indiana-based waste management company was wrongly assessed personal property tax on front-end lifts attached to its garbage trucks, the state's Board of Tax Review said.
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December 04, 2024
Uber Didn't Have To Collect Tax Pre-Wayfair, Court Told
Uber was not required before the Wayfair decision to collect and remit millions in sales taxes on behalf of drivers and customers who use its app, an attorney for the ride-hailing company told a Georgia appellate panel Wednesday, urging the panel to overturn a trial court.
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December 04, 2024
Sunoco Not Owed $2.6M NY Tax Refund, Tribunal Affirms
Sunoco affiliates cannot include oil sales to third parties intended as inventory exchanges when computing the company's business activity allocable to New York, the state Tax Appeals Tribunal ruled, affirming the state's denial of a $2.6 million refund.
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December 04, 2024
Mich. Justices Pan Due Process Claim In Tax Appeal Dispute
Two Michigan Supreme Court justices expressed skepticism Wednesday toward a packaging company's arguments that its due process rights were violated when an assessor's notice of a tax exemption denial didn't provide all the information the business needed to appeal.
Expert Analysis
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AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Frames Of Deference: SALT In Review
From a challenge to New York state regulations that follows on the end of Chevron deference to a court ruling siding with the Nebraska Revenue Department's view of a tax deduction, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Local Taxes And Repercussions: SALT In Review
From a study of local taxes to news that corporations will relocate to tax-friendlier places, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Financial Incentives May Alleviate Affordable Housing Crisis
There is a wide array of financial incentives and assistance that the government can provide to both real estate developers and individuals to chip away at the housing affordability problem from multiple angles, say Eric DeBear and Madeline Williams at Cozen.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.