State & Local
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December 13, 2024
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation With Representation, Google and TPG Rise Climate partner with Intersect Power, Gen Digital Inc. acquires MoneyLion Inc., Patient Square Capital acquires Patterson Companies Inc., and the Buffalo Bills and Miami Dolphins sell minority ownership shares to private equity firms.
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December 13, 2024
La. Tax Board OKs Resale Exemption For Used Car Dealer
The sale of a new car to a licensed used car dealer in Louisiana was not subject to state sales tax because the car was intended for resale to another entity, a state tax board ruled Friday.
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December 13, 2024
Minn. Senior Home's Tax Appeal Nixed For Lack Of Info
A Minnesota senior living community failed to provide a local assessor with required income and expense information related to its property tax appeal, the Minnesota Tax Court said, dismissing the case.
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December 12, 2024
IRS Wants Choice Retained In Dual Loss Rules, Official Says
The Internal Revenue Service is working to preserve flexibility for taxpayers in rules aimed at preventing companies from using the same economic loss twice after concerns were raised about how the rules could negatively interact with the Pillar Two global minimum tax, an official said Thursday.
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December 12, 2024
IRS Chief Makes Case To Restore $20B Funding Shortfall
Congress should reverse a $20 billion IRS funding gap in a year-end budget bill to help the agency modernize its technology, improve customer service and collect unpaid taxes from wealthy businesses and individuals, Internal Revenue Commissioner Daniel Werfel said Thursday.
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December 12, 2024
Wash. Justices OK Tax Break For Pharmacy Benefits Manager
A Washington pharmacy benefits manager is exempt from a state business tax on its services for Medicaid patients because its corporate sibling paid premium taxes in connection with the same services, the state's high court affirmed Thursday.
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December 12, 2024
Va. Says Additional Income Tax Owed After IRS Adjustment
A woman is liable for additional income tax assessed by Virginia after the Internal Revenue Service adjusted her federal adjusted gross income, the state's tax commissioner ruled.
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December 12, 2024
Va. Income Tax Assessments For 1997-1999 Ruled Collectible
Virginia individual income tax assessments issued to a man for 1997, 1998 and 1999 are collectible because the state Department of Taxation initiated collection actions within the applicable statute of limitations, the state tax commissioner said.
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December 12, 2024
Va. Steel Co.'s Installation Fees Are Subject To Tax
A Virginia company that makes steel products is liable for sales tax on fees for installation and rebar tying, because the charges are made in connection with the sale of tangible property, the state tax commissioner ruled.
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December 12, 2024
Va. Tax Applies To Septic Tank Sales, Commissioner Says
A Virginia septic tank company is liable for remitting sales and use tax on its sales of tanks because it was not the end user of the products, the state tax commissioner ruled.
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December 12, 2024
Ga. General Fund Receipts Through Nov. Down $8.3M
Georgia's general fund receipts from July through November trailed collections during the same period last year by $8.3 million, according to the governor's office.
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December 12, 2024
Ky. General Revenue Through Nov. Up $62M From Last Year
Kentucky's general fund revenue from July through November beat collections during the same period last fiscal year by $62 million, according to the Office of the State Budget Director.
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December 11, 2024
NRA Ordered To Reform Policies After NY Misconduct Verdict
A New York judge ordered changes to the National Rifle Association's board structure and organizational policies Wednesday to "prevent future violations of law," following a jury verdict that found widespread financial misconduct and whistleblower retaliation within the gun group.
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December 11, 2024
More Facts Needed In RJ Reynolds Tax Row, Mich. Court Says
More facts are needed on whether part of a $4.9 billion sale of trademarks by R.J. Reynolds to a Japanese company should be taxable in Michigan, a state court said Wednesday, declining to rule immediately.
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December 11, 2024
Minn. General Revenues In Nov. $80M Under Forecasts
Minnesota's total revenue collection in November trailed forecasts by $80 million, according to the state Management and Budget Office.
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December 11, 2024
NJ Former Tax Auditor Can't Be Shielded From Subpoena
The director of the New Jersey Division of Taxation must turn over the contact information of a former auditor so that a liquor store can try to subpoena her in its sales tax case, the state tax court ruled.
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December 11, 2024
Mo. Net Revenues Through Nov. Down $203M From Last Year
Missouri's total net revenue from July through November underperformed last year's collections during the same period by $203 million, according to the state Division of Budget and Planning.
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December 11, 2024
Ohio Regs Clarify E-File Rule For Withholding Taxpayers
Ohio taxpayers who are required to file and pay withholding tax must do so electronically, the state Department of Taxation clarified in a finalized regulation amendment.
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December 11, 2024
Ariz. Ending Local Taxes On Long-Term Residential Rentals
Long-term rentals of residential property in Arizona will no longer be subject to local taxes or fees after Jan. 1 under recent legislation, the state Department of Revenue said Wednesday.
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December 11, 2024
Calif. Total Revenues Through Nov. Beat Forecast By $4B
California total revenues from July though November beat forecasts by $4 billion, according to a report published by the State Controller's Office.
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December 11, 2024
Ohio Revenues Through Nov. Outpace Forecast By $228M
Ohio's total revenue from July though November exceeded budget forecasts by $228 million, according to a report by the Office of Budget Management.
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December 10, 2024
Ga. Justices Say Courts To Decide Whether Utilities Are Taxes
A Georgia trial court wrongly decided it could not judge whether a county's utility rates are a backdoor tax on property owners, the state's highest court said Tuesday, ruling that a restriction on the state Legislature's power to "regulate or fix" rates doesn't bar review by the judicial branch.
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December 10, 2024
Morgan Lewis Gets DLA Piper Tax Pro With DOJ Experience
Morgan Lewis & Bockius LLP announced that it has added to its Boston office a tax attorney from DLA Piper who served as an appellate attorney at the U.S. Department of Justice, Tax Division.
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December 10, 2024
Ind. Tax Court Says Tax Board Must Explain Kohl's Reduction
The Indiana Board of Tax Review must explain why a Kohl's department store's assessment was nearly halved for tax years 2019 through 2021, the state Tax Court ruled.
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December 10, 2024
NY AG Refuses To Drop $489M Fraud Case Against Trump
The office of New York Attorney General Letitia James has announced it won't drop its civil financial fraud case against President-elect Donald Trump, two of his sons, his companies and their executives, saying his upcoming inauguration has no bearing on litigating his appeal of the $489 million judgment.
Expert Analysis
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Firms Must Rethink How They Train New Lawyers In AI Age
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.
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Think Like A Lawyer: Always Be Closing
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.
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Credit Cards And Trading Cards: SALT In Review
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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Calif. Budget Will Likely Have Unexpected Tax Consequences
A temporary suspension of net operating loss deductions and business incentive tax credits, likely to be approved on June 15 as part of California’s next budget, may create unanticipated tax liabilities for businesses that modeled recently completed transactions on current law, says Myra Sutanto Shen at Wilson Sonsini.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Ohio Tax Talk: The Legislative Push For Property Tax Relief
As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Looking South With A Smile: SALT In Review
From Mississippi's long walk toward repealing its personal income tax to a welcome stroke for open government in Kentucky, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.