State & Local
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September 19, 2024
Tax Or Fee, Utility Rates Beyond Review, Ga. Justices Hear
A Georgia city told the state Supreme Court on Thursday that its use of utility fees to bolster city coffers was not an illegal tax, despite a sports bar owner's claims to the contrary, and that a trial court rightly said it could not decide the matter.
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September 19, 2024
Okla. August Revenue Below Estimates By $14M, Office Says
Oklahoma revenue for August was $14.3 million below estimates, the state Office of Management and Enterprise Services announced.
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September 19, 2024
Md. Corp's. Part Owner Not Liable For Unpaid Tax, Court Says
A part owner of a Maryland consulting company was not personally liable for the company's unpaid income tax withholdings because he did not exercise personal control over the corporation's fiscal management, the Appellate Court of Maryland affirmed.
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September 19, 2024
Tenn. Revenues Slightly Above Expectations, Report Says
Tennessee's general revenue collection was $1.3 million higher than budgeted for the first two months of the fiscal year, according to the state's Department of Finance and Administration.
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September 18, 2024
MTC Group Considering Partnership Apportionment Factors
A Multistate Tax Commission group working on state taxation of partnerships said Wednesday that it is exploring for inclusion in a draft white paper some states' requirements to merge the apportionment factors of a partnership or limited liability company with those of a corporate partner that may own part of the partnership.
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September 18, 2024
La. Gov. Eyeing November Special Session For Tax Overhaul
Louisiana's top tax official said Wednesday that he's hopeful lawmakers will be called into a special session in November to enact a flat personal income tax rate, broaden the sales tax base and tee up changes to the state constitution.
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September 18, 2024
Nev. Tax Agency Changes Regs For Contacting Audit Subjects
Nevada has changed requirements for how state Department of Taxation auditors must contact taxpayers who are the subject of an audit and has authorized the auditors to estimate delinquent taxes due based on records provided by a taxpayer, under regulatory updates approved by the state Tax Commission.
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September 18, 2024
NJ Total Revenues Through Aug. Up $253M From Last Year
New Jersey collected $253 million more revenue from July through August compared with last year, according to a monthly report by the state Department of the Treasury.
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September 18, 2024
Ariz. Youth Get Sales Tax Break For Small Businesses
Small Arizona businesses operated by people under 19 are no longer required to collect and remit sales taxes under legislation passed in June, the state tax department said.
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September 18, 2024
IRS Delays Deadlines For Pa. Victims Of Tropical Storm
Taxpayers in four Pennsylvania counties will have until Feb. 3, 2025, to file individual and business tax returns and make payments after portions of the state were hit by Tropical Storm Debby, the Internal Revenue Service said Wednesday.
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September 18, 2024
Calif. Tax Revenues Through Aug. Beat Estimate By $2.3B
California's total receipts for the first two months of the fiscal year were $2.3 billion over estimates, according to a State Controller's Office report.
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September 18, 2024
NY Tax Collection Through Aug. Beats Last Year By $2.5B
New York's net tax collection from April through August outpaced the total for the same span last year by $2.5 billion, according to the state's Department of Taxation and Finance.
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September 18, 2024
Ore. Tax Court OKs Refund Offset For Debt To State
An Oregon couple's state tax refund was rightly offset to pay a delinquent account with another state agency, the state tax court ruled, saying state law required the offset and the court has no jurisdiction over the other agency's action.
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September 18, 2024
Accounting Firm Prunes Flower Bulb Co.'s $2M Tax Bill Case
The North Carolina Business Court has narrowed a flower bulb retailer's negligence suit alleging its former accounting firm failed to sound the alarm about a major change in tax law, finding there was no fiduciary duty owed but that there may have been a breach of contract.
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September 18, 2024
Md. 2024 Fiscal Year Revenue Beats Forecast By $217M
Maryland collected $217 million more in revenue than expected during the 2024 fiscal year, according to a final report by the state comptroller.
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September 18, 2024
Latham Adds A&O Shearman Energy Group Co-Lead In DC
Latham & Watkins LLP has hired the former co-head of Allen Overy Shearman Sterling's U.S. energy, natural resources and infrastructure group to its team of transactional tax partners based in Washington, D.C., the firm announced Monday.
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September 18, 2024
Va. General Revenues Through Aug. Up $303M
Virginia's general revenue collection from the start of the fiscal year through August outpaced last year's total for the same period by $303 million, according to a statement from the state secretary of finance.
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September 17, 2024
Prepaid Wireless Cards Not Subject To Tax, NC Justices Told
A North Carolina cellphone retailer wasn't obliged to remit tax on sales of prepaid wireless cards because the cards are gift cards that can be used for nontaxable services and sales, an attorney for the company told the state Supreme Court on Tuesday.
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September 17, 2024
Vt. Supreme Court Upholds $1.1M Property Valuation
The Vermont Supreme Court on Tuesday upheld the nearly $1.1 million valuation of a residential property determined by a hearing officer, saying the officer was not wrong to base the determination in part on a town assessment that was later found to be problematic.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
Blumenauer Pushes House Speaker To Put Pot Bill To Vote
U.S. Rep. Earl Blumenauer, D-Ore., on Monday urged House Speaker Mike Johnson to bring bipartisan cannabis legislation to a vote following revelations that Richard Nixon admitted privately that marijuana was "not particularly dangerous" while he publicly waged the war on drugs.
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September 16, 2024
La. Grants Automatic Tax Relief To Hurricane Francine Victims
Louisiana taxpayers affected by Hurricane Francine may receive an automatic extension for filing state tax returns, the state's Department of Revenue announced Friday.
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September 16, 2024
Treasury Cuts 'Zero Basis' Rule In Final Estate Tax Regs
The U.S. Treasury Department on Monday said it would not keep a rule that set a zero value for the unreported property of an estate in final regulations on the requirement that an heir's basis in inherited property be consistent with the property's value for estate tax purposes.
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September 16, 2024
NC High Court Snapshot: Tax Fights And A Health Care Spat
Regulatory battles will take center stage when the North Carolina Supreme Court returns from summer break this week for a September argument lineup featuring appeals by Phillip Morris, Duke University's hospital and two Boost Mobile dealers.
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September 16, 2024
Ohio BTA Says Sale Price Is Best Evidence Of Hospital's Value
The Ohio Board of Tax Appeals ruled that the December 2017 sale of a hospital for $10.9 million was the best evidence of the hospital's value, rejecting the hospital's argument that the value was $6 million based on a June 2020 sale.
Expert Analysis
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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A Bold Idea And A Striking Disregard: SALT In Review
From a far-reaching proposal in Nebraska to a Minnesota government agency's disregard of case law, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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5 Traps To Avoid When Selling CRE In Las Vegas Area
When dealing with commercial real estate in Clark County, Nevada — which includes the Las Vegas metro area — even sophisticated sellers may be ensnared by a myriad of tricky issues, ranging from transfer tax nuances to arbitration laws, says Chris Walther at Fennemore Craig.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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'Manufacturing' Amid Mass. Adoption Of Single-Sales Factor
Massachusetts’ recent adoption of single-sales-factor apportionment will benefit companies that have a greater in-state physical presence, reinforce the importance of understanding market-sourcing rules, and reduce the manufacturing classification's importance to tax apportionment, though the classification continues to be significant to other aspects of taxation, say attorneys at McDermott.
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An Unsound Silence: SALT In Review
From the U.S. Supreme Court's silence on an apportionment ruling to the latest assault on streaming services, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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A Year-End Look At Florida's Capital Investment Tax Credit
Notwithstanding the Walt Disney Co.’s feud with Gov. Ron DeSantis this year, Florida's capital investment tax credit will continue to make the state a favored destination for large corporations, particularly in light of the new federal alternative minimum tax and the Pillar Two top-up tax, says Alan Lederman at Gunster.