State & Local
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October 18, 2024
Taxation With Representation: Baker, Simpson, Ropes
In this week's Taxation With Representation, Lundbeck inks a $2.6 billion cash deal for Longboard, Silver Lake agrees to buy Zuora for $1.7 billion, and PPG and American Industrial Partners reach a $550 million deal.
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October 18, 2024
Mass. Tax Dept. Floats Limits On Amnesty For Nonfilers
Massachusetts taxpayers seeking amnesty under a coming program would not be eligible for the program's three-year look-back limit for nonfilers if the state tax department had certain contacts with them, according to a draft notice on the program.
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October 17, 2024
Wash. Justices Say No Addresses Needed For Tax Ballot Items
Washington's secretary of state didn't need to check addresses when validating signatures for five voter initiatives slated for the November ballot, including measures to repeal the state's capital gains tax and to bar income taxes, the state Supreme Court said Thursday.
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October 17, 2024
Illinois Ballot Measure May Reinvigorate Graduated Tax Talks
An Illinois ballot measure that will gauge public interest in imposing a higher tax rate on millionaires to fund property tax relief appears primed to rekindle debates over whether the state's constitutional requirement for a flat income tax should be repealed.
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October 17, 2024
NY Hotel Biz Stuck With $15M Tax Bill After Deductions Denied
A corporation that refurbishes hotels in New York is liable for about $15 million in taxes, a state tribunal said in a decision released Thursday, affirming a ruling that the state's tax agency correctly denied deductions sought by the company.
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October 17, 2024
Mont. Tax Board Upholds Assessment On Storage Facility
The owner of a Montana commercial property used to house storage units was unable to lower its value because the state Tax Appeal Board gave more weight to the state Department of Revenue's valuation using an income analysis.
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October 17, 2024
Ill. Revenue Collection Through Sept. Lags Forecasts By $12M
Illinois' general fund revenue collection from July through September came in below forecasts by $12 million, according to a report by the Governor's Office of Management and Budget.
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October 17, 2024
Idaho Revenue Through Sept. Exceeds Forecast By $66M
Idaho's general fund revenue from July through September beat an estimate by $66 million, the state Division of Financial Management said.
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October 17, 2024
Ore. Tax Dept. Not Bound By IRS Errors, Court Says
Oregon's tax department is not bound by erroneous adjustments made by the Internal Revenue Service to a couple's income tax return, the state's tax court said, saying state law allows the department to adjust state returns.
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October 17, 2024
Conn. Net Revenue Through Sept. Beats Last Year By $123M
Connecticut's net revenue collection from July through September was $123 million higher than it was during the same period last year, according to the state Department of Revenue Services.
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October 17, 2024
Polsinelli Hires McDermott Tax Counsel In DC
Polsinelli PC has hired an attorney who joined the firm's tax group as a shareholder after 12 and a half years with McDermott Will & Emery LLP.
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October 16, 2024
Utah Groups Can't Scrap Corporate Transparency, US Says
A Utah federal court hasn't seen sufficient evidence to block the Corporate Transparency Act's disclosure requirements in presentations by an off-the-grid community, an online meat market and a trade group for cattle producers that have sued over the statute, the federal government said.
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October 16, 2024
Ex-Alderman Can't End Supervised Release For Tax Crime
A former Chicago alderman and attorney who was convicted of tax evasion cannot terminate his court-ordered supervised release, an Illinois federal judge said Wednesday.
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October 16, 2024
Minn. Urges State High Court To Bless $9M DuPont Tax Bill
Minnesota treated DuPont's foreign currency hedging activities correctly in determining apportionment, the state's revenue commissioner told the state Supreme Court, urging it to uphold a $9 million tax court judgment against the company.
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October 16, 2024
NY Tax Collections Through Sept. Up $3B From Last Year
New York's net tax collection from July through September outpaced last year during the same period by $3.1 billion, according to a report by the state Department of Taxation and Finance.
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October 16, 2024
Ky. Revenue Through Sept. Up $50M From Last Year
Kentucky general fund revenue from July through September totaled $50 million more than it did during the same period last year, according to the Office of State Budget Director.
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October 16, 2024
NC Revenue Through Aug. Up $101M From Last Year
North Carolina's total revenue for July and August was $101 million higher than during the same period last fiscal year, according to the Office of State Controller.
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October 16, 2024
Mich. Tribunal OKs Wells Fargo Tax Credit Requested By Mail
Michigan's tax department must allow Wells Fargo Rail Co.'s mailed claim for a property tax credit for maintenance of its railcars, a state tax panel ruled, ordering a $172,000 refund for the company.
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October 15, 2024
Microsoft's Cost-Share Tax Arguments 'Deficient,' Mich. Says
Microsoft failed to adequately flesh out its arguments that cost-sharing agreement receipts from affiliates should be included in its Michigan apportionment formula as licenses of intellectual property, the state's tax agency argued in asking the Michigan Tax Tribunal to toss the company's case.
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October 15, 2024
Pa. Dept. Clarifies Taxation Of Software Sales
Pennsylvania sales tax applies to sales of software that is "canned," or prewritten, because such software is considered tangible personal property, the state Department of Revenue said in guidance.
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October 15, 2024
Texas Overreaches In Data Processing Tax Plan, COST Says
Amending Texas' tax rules to clarify that some data processing services are subject to the state's sales tax represents an expansion of the Texas sales tax base without legislative backing, the Council on State Taxation said in comments on a proposed state amendment.
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October 15, 2024
Colo. Panel Advances Sales Tax Search Engine Plan
Colorado's online sales and use tax license and exemption certificate search engine would expand to allow searches using a retailer's and federal identification number under a proposed bill advanced to next year's legislature by an oversight panel Tuesday.
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October 15, 2024
New ABA Tax Chair Wants To Revamp Practice's Dry Image
The new chair of the American Bar Association Section of Taxation told Law360 she wants to boost the section's recent efforts to revamp the tax practice's image as a boring, numbers-intensive profession with limited opportunities to improve society and inspire more students to enter tax law. Here, she shares her background and goals for the tax section.
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October 15, 2024
V&E Adds Energy Tax Pro From Bracewell In Houston
Vinson & Elkins LLP has bolstered its energy transition and tax practices with a partner in Houston who came aboard from Bracewell LLP and whose background includes substantial in-house experience advising on renewable projects.
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October 15, 2024
Colo. Panel Advances Tax Audit Confidentiality Proposal
Colorado would impose increased confidentiality standards on third parties conducting sales tax audits on behalf of local jurisdictions, including potential misdemeanor criminal charges for violators, under draft legislation forwarded Tuesday to the 2025 Legislature by an oversight panel.
Expert Analysis
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Shake-Ups For Courts In Different Fields: SALT In Review
From the end of Chevron deference in the courts to the planned sale of the NBA's reigning champion, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Kentucky Tax Talk: Appeals Court Revisits Leases' Tax Effects
With better facts and greater emphasis on the Kentucky Constitution, Walgreen Co. may succeed in its latest Kentucky Court of Appeals challenge to a tax assessor's method of valuing leaseholds on real property for purposes of determining ad valorem tax, say Mark Sommer and Elizabeth Ethington at Frost Brown Todd.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Reading Between The Lines Of Justices' Moore Ruling
The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Another Crack In The Shield: SALT In Review
From the latest assault on a federal shield against taxing out-of-state businesses to an update on beer taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.