State & Local

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • December 04, 2024

    Block's Tax Refund Should Be Voided, Atlanta Tells Ga. Court

    A Georgia trial court erred when it found that Block, the financial services and mobile payments company, was due a $330,000 occupation tax refund from the city of Atlanta, a lawyer for the city told an appellate panel Wednesday.

  • December 04, 2024

    Ala. Dept. OKs Regs To Implement Tourism Project Tax Breaks

    The Alabama Department of Revenue adopted regulations to implement recently enacted tax rebates for companies that operate qualifying tourism projects, according to a notice published by the state Legislative Services Agency.

  • December 04, 2024

    Reed Smith Adds State Tax Partner To San Francisco Office

    Reed Smith LLP added a partner to its national state tax practice who will work out of its San Francisco office, according to the firm.

  • December 04, 2024

    Ind. Tax Board Cuts Valuation Of Self-Storage Property

    An Indiana storage unit facility's $1.06 million valuation was reduced after the state Board of Tax Review determined it should revert to the prior year's assessment of $915,000 because the owner and county assessor failed to accurately appraise the property.

  • December 04, 2024

    Oracle Can't Seek Fla. Tax Refunds Without Repaying Clients

    Oracle can't obtain refunds for Florida state and local taxes that it improperly collected on sales of electronically delivered software to three businesses because the company didn't reimburse those customers first, a state appeals court ruled Wednesday.

  • December 03, 2024

    Calif. Furniture Chain Owner Owes Fraud Penalty, OTA Says

    The owner of a California furniture stores chain committed sales tax fraud, and the relevant tax agency was correct in charging him a 25% fraud penalty and in finding he had more than $6.4 million in unreported taxable sales, the state Office of Tax Appeals ruled.

  • December 03, 2024

    Calif. Senate Bill Seeks To Shield Tips From Income Tax

    California would exclude tips from gross income for state personal income tax purposes under a bill introduced in the state Senate.

  • December 03, 2024

    Calif. OTA Denies Architect Firm's R&D Tax Credit Claim

    The California Office of Tax Appeals denied an architectural firm's claim of research and development tax credits, saying the firm failed to substantiate the amount of time its employees dedicated to qualifying research activities.

  • December 03, 2024

    Calif. Bill Seeks Constitutional Amendment To Curb Tax Hikes

    California would declare state lawmakers' intent to amend the state constitution to limit the state and local governments' power to raise taxes as part of a bill introduced in the Assembly.

Expert Analysis

  • Strange Notions Bubble Up: SALT In Review

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    From an assault on North Carolina's phaseout of its corporate income tax to a court ruling on the taxability of sparkling water in Pennsylvania, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Consider 2 Alternative Exit Plans In RE Distress Scenarios

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    In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.

  • SC's Courts Have It Wrong On Amazon Marketplace Sales Tax

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    The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.

  • Constitutional Shenanigans And Other Sports: SALT In Review

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    From a challenge to New York's end run on a federal law to voters' rejection of a sales tax that would aid Kansas City's major league teams, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Why Supreme Court Should Allow Repatriation Tax To Stand

    If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

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