Federal
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May 12, 2025
GOP Floats $30,000 SALT Cap, Renewed R&D Credit
House Ways and Means Republicans proposed a $30,000 state and local tax deduction cap and a renewed research and development credit in updated legislation to extend their 2017 tax overhaul law, which the committee plans to consider Tuesday.
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May 12, 2025
IRS Paid $21B In Improper Tax Credits, TIGTA Says
The Internal Revenue Service made $21.4 billion in improper refundable tax credit payments last year and again failed to meet lawmakers' goal to reduce its rate of incorrect payments to 10%, the Treasury Inspector General for Tax Administration said Monday.
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May 12, 2025
Biz Groups Back Bill To Expand FDII Tax Benefits
A coalition of business lobbying groups has thrown its weight behind proposed legislation that would expand tax breaks for domestically held intellectual property, saying the changes would build on the goals of the 2017 federal tax overhaul.
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May 12, 2025
Jury Clears Biz Owner's Wife Of $2M Payroll Tax Debt
The wife of a man found liable for construction company employment taxes is off the hook for $2 million in liabilities, a New York federal jury found, saying she was not responsible for collecting the taxes and paying them over to the federal government.
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May 12, 2025
Exxon Wants Chemicals Added To Taxable Substances List
The Internal Revenue Service is seeking comments on proposals to add nine chemicals to its list of taxable substances, eight of which were put forward by Exxon Mobil, the agency said Monday.
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May 09, 2025
'Proud' Judge Says No Prison For $1.3B Tax Fraud Witnesses
A Georgia federal judge handed down a pair of what he called "stunningly lenient" no-prison sentences Friday to two brothers who served as key cooperating witnesses in a first-of-its-kind federal case against a sprawling, $1.3 billion tax fraud scheme.
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May 09, 2025
PL 86-272 Expansion May Face Rocky Path Through Congress
The fate of an element of a House budget reconciliation bill that would broaden state income tax protections for businesses may rest with the Senate parliamentarian's view on whether the provision passes muster under reconciliation rules.
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May 09, 2025
Tariffs And Tax Breaks Offer Risky Lifeline To US Film Industry
President Donald Trump's call for a 100% tariff on films made outside the U.S. has potential to improve a struggling domestic industry if it is considered in conjunction with new federal tax incentives to restore production, but the idea hasn't yet gathered support in Congress, according to lawyers who spoke to Law360.
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May 09, 2025
GOP Unveils Plan To Cement 2017 Tax Cuts, Expand Biz Relief
House Republicans plan to meet Tuesday to deliberate a sweeping extension of their 2017 tax overhaul that would lock in low individual rates and deduction limits, expand child care and estate tax breaks, and make permanent tax incentives for small pass-through businesses and U.S. multinational corporations.
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May 09, 2025
IRS Cuts May Hinder Prep For 2026 If TCJA Is Renewed
Internal Revenue Service staff cuts and retirements could hamper planning for next year's filing season if Congress renews the 2017 tax overhaul this year as planned while withholding resources needed to modernize the agency's systems, a former agency commissioner warned Friday.
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May 09, 2025
US Seeking A Global Minimum Tax Carveout, Official Says
The U.S. tax system is "robust enough" for other countries to refrain permanently from applying the 15% global minimum tax to any income that the U.S. taxes or monitors, but an arrangement must be struck before a safe harbor expires, a Treasury Department official said Friday.
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May 09, 2025
Express Scripts To Appeal Denied Tax Break In $43M Suit
Express Scripts is appealing rulings denying it a $43 million tax refund for domestic production activities after a Missouri federal court said the company did not qualify because it did not grant licenses to pharmacy benefit plan sponsors who used its software, the pharmacy benefit manager said Friday.
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May 09, 2025
Tax Exemption Case May Bring Sweeping Impact, Attys Say
A U.S. Supreme Court case considering a religious exemption to unemployment taxes sought by a charity could have implications across a broad swath of organizations, tax practitioners said Friday.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
McKernan Out As Trump's CFPB Pick, In For Treasury Role
President Donald Trump will pull Jonathan McKernan's nomination to run the Consumer Financial Protection Bureau and tap him instead for a top domestic finance job at the U.S. Treasury Department, a White House official confirmed to Law360 on Friday.
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May 09, 2025
IRS To Loosen Tax-Free Spinoff Regs, Cut Ordinary Biz Rule
The Internal Revenue Service plans to loosen proposed regulations for corporate separation transactions, known as spinoffs, that the agency approves as tax-free ahead of time, in part by eliminating a standard considering whether actions are taken in the ordinary course of business, officials said Friday.
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May 09, 2025
Family Denies Knowledge Of $81M Tax Avoidance Scheme
The government's claims that members of a deceased theater businessman's family knew or should have known their company stock sale was part of an $81 million purported tax avoidance scheme are baseless, the family members said in a filing in New York federal court.
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May 09, 2025
Weekly Internal Revenue Bulletin
The Internal Revenue Service's weekly bulletin, issued Friday, included the reference price for enhanced oil recovery tax credits for calendar year 2024.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Taxation With Representation: Paul Weiss, Weil, V&E, Torys
In this week's Taxation With Representation, 3G Capital takes Skechers private, Sunoco LP buys Parkland Corp., and BCE Inc. and the Public Sector Pension Investment Board launch a wholesale network provider called Network FiberCo.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
Trump Admin Defends Gov't Restructuring As Lawful
The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.
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May 08, 2025
Hyatt's $300M From Reward Program Is Income, 7th Circ. Told
Hyatt Hotels should have to report nearly $300 million in revenue from a rewards program fund because it benefited from spending the money, including through advertising for its properties, the U.S. government told the Seventh Circuit on Thursday, defending a U.S. Tax Court ruling.
Expert Analysis
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Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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IRS Basis-Shifting Rule Poses Notable Reporting Obligations
While the IRS’ recently finalized rule requiring partnerships to report certain related-party basis adjustment transactions is narrower than originally proposed, taxpayers and their advisers will still need to comb through myriad transactions to comply, say attorneys at Debevoise.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.