State & Local

  • October 11, 2024

    Veteran MTC Counsel On Wayfair, PL 86-272 Pushback

    Nancy Prosser stepped down as general counsel of the Multistate Tax Commission on Sept. 25, capping off a long career in the state and local tax field, mostly on the government side. Here, Law360 speaks to Prosser about her career as well as two key policy issues she has been instrumental in shaping.

  • October 11, 2024

    Taxation With Representation: Davis Polk, Latham, Kirkland

    In this week's Taxation With Representation, Rio Tinto agrees to acquire Arcadium Lithium for roughly $6.7 billion, Ares Management Corp. and GCP International reach a $3.7 billion deal, and Butterfly Equity announces plans to buy The Duckhorn Portfolio for $2 billion.

  • October 10, 2024

    Mich. Co.'s Industrial Tax Break Appeal Ruled Too Late

    A Michigan company is barred from appealing the denial of its industrial tax exemption because the case fell outside the state's one-year statute of limitations, the state's Court of Claims ruled.

  • October 10, 2024

    Mich. Justice Asks If Disney Fight Harms Multistate Collabs

    Michigan's chief justice asked Thursday whether allowing Disney and the owner of IHOP to retain unclaimed property, which state officials say they should get after an audit, could hamper Michigan's ability to participate in multistate audits that yield hundreds of millions of dollars for the state.

  • October 10, 2024

    Dems Weigh Extending 2017 Cuts To Maintain $400K Tax Vow

    Despite criticizing the 2017 Republican tax overhaul as a deficit-busting boon to the wealthy, congressional Democrats may feel pressure to support extending some of the law's individual and small-business provisions or risk breaking their pledge not to raise taxes on those earning $400,000 or less.

  • October 10, 2024

    Pa. Revenue Beats Estimate By $20M Through Sept.

    Pennsylvania's general fund revenue from July through September exceeded a budget forecast by $20 million, according to a report by the state Department of Revenue.

  • October 10, 2024

    W.Va. Lawmakers Pass Personal Income Tax Cuts

    West Virginia would cut its personal income tax rates and fund the reduction through the state's general revenue fund under a bill passed by the Legislature that will now go to Gov. Jim Justice for consideration.

  • October 10, 2024

    Calif. Says FDIC Must Wait For $21M Tax Refund

    A California tax agency urged a New York federal court to toss a lawsuit by the FDIC seeking a $20.7 million tax refund on behalf of the shuttered Signature Bank, saying it's entitled to wait for a possible IRS audit before delivering the payment.

  • October 10, 2024

    Wyo. Justices Find State Land Leased To Truck Stop Taxable

    The state of Wyoming owes tax on property it leased out as a truck stop because that operation doesn't constitute a use for a government purpose that would allow an exemption, the state Supreme Court said.

  • October 10, 2024

    Calif. Total Receipts Through Sept. $5.5B Over Forecasts

    California's total receipts from July through September was $5.5 billion higher than estimates, according to a monthly report the state controller released Thursday.

  • October 09, 2024

    Voluntary Disclosure Program Seeks To Limit Back Sales Tax

    Remote sellers could be eligible for a voluntary disclosure program that would limit their back sales tax liabilities after registering with states that take part in an interstate sales tax compact, under a proposal the Streamlined Sales Tax Governing Board opted to continue exploring Wednesday.

  • October 09, 2024

    Tenn. Extends Tax Deadlines Due To Hurricane Helene

    Tennessee will extend its franchise and excise tax filing deadlines to May 1 for taxpayers affected by Hurricane Helene, the state Department of Reveue announced.

  • October 09, 2024

    Calif. OTA Affirms Lab's Microchip Editing Services Taxable

    A California-based laboratory owes $310,000 in sales tax on services it offers to engineering and technology companies for the editing of microchips, the state Office of Tax Appeals affirmed.

  • October 09, 2024

    Unclear Road For $275M Biz Tax Plan, DC Panel Chair Says

    The District of Columbia Tax Revision Commission may scrap a proposal for a business activity tax that could raise $275 million annually to reduce other business taxes, the panel chair said Wednesday.

  • October 09, 2024

    Mo. Clinics Fail To Meet Charity Requirement For Exemption

    Health clinics in four Missouri counties are not eligible for charitable exemptions from property tax despite being part of a nonprofit organization, the state's tax commission ruled.

  • October 09, 2024

    Calif. OTA Upholds RV Seller's Penalty For Unreported Sales

    A California recreational vehicle dealer was correctly penalized for not reporting $4.2 million worth of sales, the state Office of Tax Appeals said, finding unpersuasive the business' claim that it was difficult to find competent people to handle its tax compliance.

  • October 09, 2024

    Election Uncertainty Hampers Companies' Tax Planning

    With the November election approaching, businesses are bracing for the potential impact of two very different sets of tax policies, with the resulting uncertainty making long-term tax planning increasingly difficult.

  • October 09, 2024

    Calif. OTA Denies Redo On $200K Tax Bill For Med Equipment

    A California orthopedic equipment provider will not get a rehearing on a $200,000 sales tax assessment for items found to not qualify for an exemption allowed for medicine, the state Office of Tax Appeals said.

  • October 09, 2024

    Calif. OTA Says Spouse's Tax Refund Claim Untimely

    A California spouse was correctly denied an income tax refund for tax years 2009 and 2010 for overpayments owed to their deceased partner because the claim was filed outside the statute of limitations, the state Office of Tax Appeals ruled.

  • October 08, 2024

    Louisiana High Court Won't Review Expedia's Hotel Tax Win

    The Louisiana Supreme Court on Tuesday rejected state and local government appeals of a ruling that said Expedia and some of its affiliates do not owe Louisiana sales taxes on the full price of accommodation rentals they charged to customers booking through their platforms.

  • October 08, 2024

    Tax Pact Rejects Option For Multiple Sales Tax Rate Structure

    The Streamlined Sales Tax Governing Board rejected a proposal Tuesday that would have allowed states that participate in the sales tax simplification compact it oversees to adopt a second sales tax rate in a specific area, a move that left Nebraska noncompliant with the compact.

  • October 08, 2024

    Tax Pact OKs Challenges To State Compliance Determinations

    The Streamlined Sales Tax Governing Board approved on Tuesday a clarification to the tax simplification compact it oversees that specifies that challenges can be lodged against certain board decisions, including whether a state's tax system complies with the compact.

  • October 08, 2024

    Tax Pact Board OKs Requiring More State Nexus, Tax Info

    The Streamlined Sales Tax Governing Board approved a set of disclosed practices Tuesday that will require states that participate in the tax simplification compact that it oversees to specify how they make nexus and tax determinations in certain scenarios.

  • October 08, 2024

    Hawaiian Justices Revive Airline's $1.6M Tax Appeal

    A tax appeal by Hawaiian Airlines was incorrectly dismissed, Hawaii's highest court ruled, remanding the case to the state tax court for a decision over whether the airline is liable for a $1.6 million assessment.

  • October 08, 2024

    Pa. Justices Wary Of Linking Mask Tax To Consumer Harms

    Several justices of the Pennsylvania Supreme Court seemed cautious Tuesday about extending the state's consumer protection law liability to retailers who collect sales tax on tax-exempt items, pointing to the state's refund system as an existing form of relief for overcharged customers.

Expert Analysis

  • Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Less Power To The People: SALT In Review

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    Starting with a measure that won't appear on the California ballot in November, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • 6 Tips For Maximizing After-Tax Returns In Private M&A Deals

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    With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Money, Money, Money: Limiting White Collar Wealth Evidence

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    As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Credit Cards And Trading Cards: SALT In Review

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    From Mastercard's loss in a South Carolina court case to the taxability of trading cards imported to California, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

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