State & Local
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September 28, 2023
New York AG, Comptroller Back Bill To Reveal LLC Owners
New York Attorney General Letitia James and Comptroller Thomas DiNapoli threw their weight behind a bill that would require limited liability corporations — frequently used as vehicles for real estate in New York City — to list their beneficial owners in a federal database.
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September 28, 2023
Mich. Lawmakers OK Aligning Prepared Food Tax With Pact
Michigan lawmakers approved legislation that would set a threshold for when sales and use tax applies to certain prepared food, a change proponents said is needed to iron out a compliance issue the state has with the Streamlined Sales and Use Tax Agreement.
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September 28, 2023
Ind. S Corp.'s Owner Owes Tax For Unreported Tobacco Sales
The owner of an Indiana S corporation was correctly assessed additional individual income tax after an audit discovered unreported sales of cigarettes and other tobacco products by the business, the Department of State Revenue said.
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September 28, 2023
Ind. Biz Denied Utility Sales Tax Refund, Tax Dept. Says
An Indiana printing business was correctly denied a sales tax refund on its electricity purchases because it was unable to prove that it bought its electricity from a public utility and paid taxes on the transaction, the Department of State Revenue said.
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September 28, 2023
Ohio Motel Site Properly Valued At $35M, Court Affirms
The value of an Ohio motel property was best determined at $35 million, the price paid during the most recent sale of the property, the Ohio Court of Appeals affirmed Thursday.
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September 28, 2023
Mo. Menards Store's $17.7M Property Value Stands
A Missouri Menards home-improvement store was properly valued at $17.7 million because the owner failed to provide a better method of valuation, the state Tax Commission ruled.
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September 28, 2023
Ind. Man's Retirement Income Correctly Taxed, Dept. Says
An Indiana man was correctly assessed additional state income tax after his adjusted federal income was increased due to unreported retirement income, the Department of State Revenue said in a letter of finding.
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September 28, 2023
Mo. Tax Board Won't Slash Auto Bizs' $3.5M Combined Value
A Missouri-based car dealership and auto repair shop were correctly valued at a total of $3.5 million, the state tax commissioner ruled, finding that the income and sales comparison valuation approaches used by the companies were unpersuasive.
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September 28, 2023
NY Must Revisit Couples' Pass-Through Credits, Tribunal Says
New York state must recompute real property tax credits that passed through to two couples who were S corporation shareholders, the state Tax Appeals Tribunal affirmed in a ruling released Thursday, saying the state was wrong about how an acquisition affected the credits.
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September 27, 2023
Trump Cries Foul As $250M NY Fraud Trial Looms
Counsel for Donald Trump and the New York Attorney General's Office appeared in New York state court Wednesday ahead of the $250 million fraud trial slated to begin next week, and the former president again accused the presiding judge of flouting an appeals court's orders.
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September 27, 2023
Newsom, Calif. Lawmakers Sue To Nix Tax Ballot Measure
A measure that would make it harder to raise taxes in California, already approved for the November 2024 ballot, represents an illegal attempt to revise the state constitution and must be stricken, Democratic Gov. Gavin Newsom and the state Legislature said in an emergency petition with the state Supreme Court.
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September 27, 2023
Mich. House Panel Advances Detroit Land Value Tax Plan
A Michigan House tax-writing committee approved legislation Wednesday that would authorize Detroit to hold a referendum on creating a land value tax system, advancing Mayor Mike Duggan's plan to combat blight by raising taxes on vacant lots.
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September 27, 2023
Mo. Tax Board Won't Cut Alamo Theater's $6.7M Value
A Missouri property leased to dine-in movie theater chain Alamo Drafthouse Cinema was properly valued at nearly $6.7 million, the state tax commission said, rejecting a bid from the limited liability company that renovated the property to lower its value by nearly $4 million.
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September 27, 2023
Minn. Tax Court Says County Can't Reopen Medtronic Case
The Minnesota Tax Court will not reopen the record in a case involving the valuation of medical device company Medtronic's property despite a county's requests to present new evidence.
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September 27, 2023
Ohio Board Waives Late Payment Penalty Due To Mail Theft
The Ohio Board of Tax Appeals waived a man's late property tax payment penalty, reversing a local board's decision after finding that the late payment was due to a postal worker stealing mail.
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September 27, 2023
Koch Ties Fuel Dems' Bid To Recuse Thomas In Chevron Case
Dozens of House Democrats demanded Wednesday that U.S. Supreme Court Justice Clarence Thomas recuse himself from a case that could kneecap the power of federal regulators, citing new reports highlighting his ties to the billionaire Koch Brothers whose "staff attorneys" represent the plaintiffs.
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September 27, 2023
Calif. To Impose Excise Tax On Guns, Ammo Sold By Dealers
California will impose an 11% excise tax on guns and ammunition sold by gun manufacturers and dealers under a bill signed by Democratic Gov. Gavin Newsom.
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September 27, 2023
Ohio Tax Board Cuts Co.'s Property Value By $1M
The value of a vacant Ohio commercial property should be reduced by more than $1 million after the company that owns it proved that part of it is unusable, the state Board of Tax Appeals ruled.
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September 27, 2023
Justices' Repatriation Ruling May Cede Biz Boon, Report Says
The U.S. Supreme Court would grant multinational corporations billions of dollars in tax relief if it ruled in favor of a Washington couple challenging the constitutionality of the one-time mandatory repatriation tax, according to a report published Wednesday by liberal-leaning think tanks.
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September 26, 2023
Ark. AG Seeks Redo Of Feminine Hygiene Tax Break Ballot Bid
A proposed Arkansas ballot measure that, if passed by voters, would exempt feminine hygiene products from state sales and use tax needs to be revised because the text is too ambiguous, the state attorney general said.
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September 26, 2023
Ill. Dept. Clarifies Requirements For Tax On Sports Betting
Illinois clarified allocation and withholding requirements for the taxation of payments and gross receipts from sports betting activities conducted in the state under regulatory amendments adopted by the state Department of Revenue that implement a 2021 law.
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September 26, 2023
Ore. Regs Address Calculation Of Partial Property Tax Breaks
Regulations proposed by the Oregon Department of Revenue would clarify how assessors should determine the value of partial property tax breaks when recalculating the maximum assessed value of properties that will be subject to an exemption.
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September 26, 2023
Mass. Local Option Taxes Would Help Towns, Lawmakers Told
Several Massachusetts bills to allow local option taxes would give cities and towns the tools to tackle local and regional challenges including transportation needs, representatives of municipal organizations told a state legislative panel Tuesday.
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September 26, 2023
Streaming Fee Ban Would Avert Litigation, Mich. Panel Told
A Michigan bill that would specify that streaming services and satellite television companies aren't subject to local franchise fees that cable companies pay could head off potential litigation over the issue, the legislation's sponsor told a state House committee Tuesday.
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September 26, 2023
Wis. Joint Committee Advances GOP Tax Relief Plan
Members of Wisconsin's joint finance committee advanced a bill to reduce the individual income tax rate on the state's second-highest tax bracket Tuesday despite criticism from Democrats that the proposal risks blowing a revenue hole in future budgets.

Appeals Court Denies Trump Bid To Stay $250M NY Fraud Trial
A Manhattan appeals court on Thursday denied a bid by Donald Trump to delay the start of his $250 million civil fraud trial over the New York attorney general's claims that the former president and his real estate company defrauded banks and insurers for years by exaggerating his net worth by billions of dollars.

T-Mobile Awarded $5.6M Fla. Tax Refund On Software Sales
A T-Mobile entity is entitled to a $5.6 million Florida sales tax refund on sales of electronically delivered software to an affiliate, a state court ruled in rejecting the state tax agency's arguments that the software sales constituted taxable services.

Mass. House OKs Apportionment Change, Estate Tax Cut
Massachusetts would double its estate tax exemption, adopt single-factor apportionment for business taxes and cut its short-term capital gains tax rate under a major tax relief package approved by the state House of Representatives on Wednesday.
Editor's Pick
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Justices Won't Hear Wis. Printer's NC Sales Tax Case
The U.S. Supreme Court declined on Tuesday to review the North Carolina Supreme Court's decision that it was OK for the state to levy sales tax on a Wisconsin-based printing company with a transaction that took place entirely outside North Carolina.
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Wayfair At 5: The Case That Changed The State Tax Landscape
Five years after the U.S. Supreme Court decided South Dakota v. Wayfair in favor of allowing states to compel retailers to collect and remit sales and use tax even if the retailer has no physical presence in the state, the outlook for state taxation has changed profoundly. Every week from now until the week of June 21, the day Wayfair was decided in 2018, Law360 will examine Wayfair At 5.
Featured Stories
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Why Law Firm ESG Is Likely Here To Stay
As backlash to institutional efforts around environmental, social and corporate governance spreads in the U.S., experts say law firms are likely to take a long-term view and continue focusing on ESG principles, even if some of the wording and messaging around those efforts may change.
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New Ballot Measures Could Change California Tax Landscape
A group of California measures that are planned, either by citizen initiative or legislative vote, for inclusion on the November 2024 ballot will compete with each other to put a stark choice before voters: make it easier to raise taxes, or make it more difficult.
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Real-Time Partnership Audits Would Give IRS Trove Of Data
The Internal Revenue Service is seeking feedback on a possible real-time audit program for partnerships, an initiative that if implemented could provide a wealth of valuable information that could be used to increase partnership compliance, practitioners told Law360.
Expert Analysis
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Preparing Your Legal Department For Pillar 2 Compliance
Multinational entities should familiarize themselves with Pillar Two of the Organization for Economic Cooperation and Development’s BEPs 2.0 project and prepare their internal legal tracking systems for related reporting requirements that may go into effect as early as January, says Daniel Robyn at Ernst & Young.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Another Ark. Tax Cut And Chicago Transit: SALT In Review
From yet another income tax cut in Arkansas to proposed extra funding for Chicago transit, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
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TCJA Workarounds And A Misstep In Va.: SALT In Review
From federal SALT deduction workarounds to Virginia's missed opportunity, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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How Taxpayers Can Prep As Justices Weigh Repatriation Tax
The U.S. Supreme Court might strike down the 2017 federal tax overhaul's corporate repatriation tax in Moore v. U.S., so taxpayers should file protective tax refund claims before the case is decided and repatriate previously taxed earnings that could become entangled in dubious potential Section 965 refunds, say Jenny Austin and Gary Wilcox at Mayer Brown.
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Digital Services And Asphalt Production: SALT In Review
From Massachusetts' proposed gross receipts tax on digital providers to a dispute over equipment used to make asphalt in North Carolina, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What's Notable In Connecticut's New Cannabis Laws
The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.
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NJ Justices Clarify Bribery Law Scope, But Questions Remain
The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.
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Parsing Tax Implications Of NYC Office Leasing Transactions
Though New York City's tax laws generally do not require negotiated contractual risk allocation in the case of sublease and early lease termination transactions, it is still helpful for counsel to both landlords and tenants to understand the laws' nuances, say attorneys at Lowenstein Sandler.
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Digital Biz Purchases And Tax Cuts In Texas: SALT In Review
From the taxing of digital business purchases to proposed tax cuts in Texas, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.