State & Local
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October 25, 2024
NJ Bill Seeks Sales Tax Break For Energy-Saving Products
New Jersey would exempt retail sales of energy-saving products and services from sales and use tax under a bill introduced in the state Assembly.
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October 25, 2024
Wis. Tax Commission Rules Income Refund Appeal Untimely
A Wisconsin resident was correctly denied an income tax refund as it was filed outside the state's four-year statute of limitations, the state Tax Appeals Commission said in an order released Friday.
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October 25, 2024
Wis. Board OKs Cut To Couple's Capital Gains Tax Credit
Wisconsin's tax department correctly reduced an income tax credit claimed by a couple who sold properties in other states because the states tax different amounts of capital gains, the Wisconsin Tax Appeals Commission said in an order released Friday.
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October 25, 2024
Taxation With Representation: Davis Polk, Skadden, Kirkland
In this week's Taxation With Representation, Atlantic Union Bankshares Corp. absorbs Sandy Spring Bancorp, Sophos and Secureworks merge, Wendel Group takes a stake in Monroe Capital LLC, and Acuity Brands Inc. buys QSC LLC.
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October 25, 2024
Cleveland Browns Sue City To Protect Stadium Move Plan
The Cleveland Browns took their city to Ohio federal court to protect their plan to move the NFL team to an adjacent town, saying a Buckeye State law restricting how and when sports teams can move out of taxpayer-supported stadiums is unconstitutional.
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October 25, 2024
Ore. Church Rightly Denied Property Tax Break, Court Says
An Oregon religious organization was correctly denied a property tax exemption after its lease to another tax-exempt organization ended and it failed to reapply for the break before a statutory deadline, the state's tax court ruled.
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October 25, 2024
MVP: Wachtell's Tijana J. Dvornic
Wachtell Lipton Rosen & Katz's Tijana J. Dvornic led the firm's tax team in representing Lumen Technologies in the largest liability management transaction outside of bankruptcy protections, including addressing over $15 billion of existing debt, earning her a spot as one of the 2024 Law360 Tax MVPs.
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October 24, 2024
No Tax Break For Bad Debt Investors, Wash. Justices Say
The Washington State Supreme Court said Thursday that a group of funds that buy and sell distressed credit card debt can't claim a state business tax deduction on investment income because those investments were not incidental to their main business purpose.
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October 24, 2024
Wash. High Court Lets Anti-Tax Ballot Measure Show Impact
Elections officials are permitted to place financial disclosure information next to a Washington state ballot measure that would repeal the state's tax on capital gains, the Washington Supreme Court ruled Thursday, upholding a trial court.
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October 24, 2024
La. Biz Development Office Extends Industrial Tax Break Regs
An emergency rule in Louisiana extended the effectiveness of regulations implementing a recently issued gubernatorial executive order that made several adjustments to the state's industrial tax exemption program.
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October 24, 2024
NY Sales Tax Applies To Some Of Co.'s Brand Services
A Delaware company owes New York sales tax on services it offered that constitute taxable information services, but other services it offered were personal and individual in nature and therefore excluded from tax, an administrative law judge for the state Division of Tax Appeals ruled.
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October 24, 2024
Ohio Board Frees W.Va. Car Dealership From Biz Tax
A Nissan dealership in West Virginia doesn't owe Ohio commercial activity tax despite claims by Ohio's tax department that residents were buying cars there to bring back to the neighboring state, the Ohio Board of Tax Appeals said.
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October 24, 2024
Nationwide Asks Mich. Justices To Skip Unitary Tax Case
Nationwide asked the Michigan Supreme Court to deny the state tax agency's application for review of an appellate court's decision that said the insurance company's entities should file their taxes as a unitary group, saying that ruling was consistent with a plain reading of the state's laws.
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October 24, 2024
Conn. High Court Snapshot: $13M Tax Appeals, Will Dispute
The Connecticut Supreme Court's second term of the 2024-2025 season will commence Monday with a dispute over whether an attorney bungled a will that sought to divide a $845,368 TD Ameritrade account among five beneficiaries, only one of whom received any cash.
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October 24, 2024
Utah Revenue Collection In Fiscal Year 2024 Falls $31M
Utah general revenue collection through fiscal 2024 fell $31 million from fiscal year 2023, according to the Utah State Tax Commission.
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October 24, 2024
Indiana Dept. Clarifies Sales Tax Rules For Charity Auctions
Indiana charity auctions that are conducted by auctioneers are exempt from sales tax if the retail merchant at the auction is a qualified nonprofit, according to an updated bulletin by the state Department of Revenue.
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October 24, 2024
RI Revenue Collection Beat Budget Estimates By $76M
Rhode Island general revenue collection from July through September outpaced forecasts by $76 million, according to the state Department of Revenue.
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October 24, 2024
ND General Revenue Up $369M From Estimate
North Dakota general revenue collection surpassed a forecast by $369 million through the first 15 months of the state's biennium, according to the state Legislative Council.
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October 24, 2024
MVP: Sidley's Rachel D. Kleinberg
Rachel D. Kleinberg, a co-leader of the global tax practice at Sidley Austin LLP, headed up a tax team to represent investors in a consortium that led to the $6.05 billion sale of the NFL's Washington Commanders, earning her a spot as one of the 2024 Law360 Tax MVPs.
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October 24, 2024
Minn. Tax Court Won't Cut Value Of $1M Home
A residential property in Minnesota was correctly valued by a local assessor at about $1 million, the state tax court ruled, saying the owners' sales comparison analysis of the value was insufficient to cast doubt on the county's determination.
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October 23, 2024
Behind The Scenes Of NYC's Film Studio Real Estate Boom
Film and streaming production facilities in New York City are blossoming, spurred on by an explosion in demand for production space from streamers and $7.7 billion in state film tax credits, and attorneys are busy advising on all aspects of financing and developing studios.
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October 23, 2024
COST Urges Justices To Hear IBM, Disney Appeals Of NY Tax
New York's method of taxing IBM and The Walt Disney Co.'s royalties received from foreign affiliates resulted in an unconstitutional discrimination against interstate commerce that warrants U.S. Supreme Court scrutiny, the Council on State Taxation told the justices Wednesday.
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October 23, 2024
Ariz. Court Orders Changes To City Tax Measure Language
Language on a ballot measure in an Arizona city to replace an expiring local sales tax with a new one with a lower rate was misleading, an appeals court said, rejecting the city's statement that the measure would reduce taxes.
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October 23, 2024
Tenn. Revenue Through Sept. Beats Estimate By $103M
Tennessee's revenue collection in August and September totaled $103 million more than a state estimate for that period, the state Department of Finance and Administration reported.
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October 23, 2024
Ark. Tax Appeals Agency OKs Regs To Streamline Procedures
Arkansas adopted amended regulations for the state's recently created Tax Appeals Commission that are intended to streamline the agency's practices and procedures when hearing and deciding tax disputes between taxpayers and the state Department of Finance and Administration, according to a notice published in the state register.
Expert Analysis
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Bezos On The Move: SALT In Review
From billionaire Jeff Bezos' impending relocation to an important transfer pricing case in Louisiana, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Kentucky Tax Talk: Clash Over Industrial Supplies Exemption
Recent legislative testimony in Kentucky may cause another battle over the state's sales tax exemptions for industrial supplies, even though the testimony appears to mischaracterize the impact of a major state court ruling that upheld the exemptions, say attorneys at Frost Brown.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Ministry Of Silly Ideas: SALT In Review
From proposals before a District of Columbia tax revision panel to the defeat of an income tax cut in North Dakota, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What Ariz. Ruling Means For Taxation Of Digital Services
The Arizona Supreme Court recently declined to review ADP v. Arizona Department of Revenue, letting stand a state appeals court's ruling that software as a service is a taxable rental of tangible personal property, essentially granting the department of revenue power to tax all digital services, say Karen Lowell and Pat Derdenger at Lewis Roca.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.