State & Local
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June 04, 2024
NY Senate OKs 'Noise Tax' On NYC Helicopter Rides
New York state aims to impose a tax on some helicopter and seaplane rides in New York City in a bid to clamp down on noise pollution as part of a bill passed by the state Senate.
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June 04, 2024
Calif. OTA Denies Couple Extra Worthless Stock Deduction
A California couple failed to demonstrate that they were entitled to a greater income tax deduction for worthless stock than the state Franchise Tax Board allowed, the state Office of Tax Appeals said in an opinion released Tuesday.
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June 04, 2024
W.Va. Revenue Through May Up $618M From Estimates
West Virginia revenue collections from July through May were $618 million over government estimates, according to the state Budget Office.
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June 04, 2024
Calif. OTA Rejects Couple's Claim Of Bolivia Residency
A California couple owes additional state income tax on a retirement account distribution, the state Office of Tax Appeals said in an opinion released Tuesday, rejecting the pair's assertion that they were domiciled in Bolivia at the time.
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June 04, 2024
Colo. Orders Disclosure Of Info On Local Property Tax Levies
Local jurisdictions in Colorado will be required to provide certain information about their property tax levies under legislation signed into law by Democratic Gov. Jared Polis.
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June 03, 2024
Treasury Aims To Salvage Corp. Transparency Act At 11th Circ.
The Corporate Transparency Act is a valid exercise of congressional authority to curb money laundering under the commerce clause and the necessary and proper clause in the Constitution, the U.S. Treasury Department told the Eleventh Circuit on Monday in a bid to restore the law's reporting requirements.
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June 03, 2024
Missouri Judge OKs Cannabis Tax By Both City And County
Both a city in Missouri and the county that surrounds it can collect a tax on marijuana dispensaries, a state circuit judge found.
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June 03, 2024
RI Panel OKs Providence Unrestricted Property Tax Rates
Rhode Island would allow the city of Providence to adopt a classification system that allows for unrestricted tax rates for the city's property classes under a bill moved to the Senate floor for consideration.
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June 03, 2024
Pa. Bill Seeks Broader Discount For Timely Sales Tax Filers
Pennsylvania would expand a discount for businesses that file sales and use tax on time under a bill introduced in the state Senate.
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June 03, 2024
Ohio Floats Draft Rule For Administration Of Cannabis Tax
Ohioans who pay cannabis tax would be able to file for a refund of erroneously paid taxes by filling out a form with the state tax commissioner, the Department of Taxation clarified in a draft rule.
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June 03, 2024
Colo. Creates Income Tax Credit For Eligible Care Workers
Colorado is creating an income tax credit for care workers totaling $1,200 for individuals and $2,400 for joint filers starting next year as part of a bill signed by Democratic Gov. Jared Polis.
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June 03, 2024
DC Settles Tax Fraud Suit Against Tech Co. Founder For $40M
The District of Columbia will collect $40 million from the founder of a technology and bitcoin holding company to settle a whistleblower complaint that alleged tax fraud, the district's attorney general said Monday.
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June 03, 2024
Taxes Take Center Stage In Pot Industry Amid Fed. Policy Shift
The federal government's move to loosen restrictions on cannabis is expected to trigger a wave of mergers and acquisitions structured as asset deals in the industry, especially among struggling retail operations willing to restructure in order to raise profits and lower their tax liabilities.
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June 03, 2024
Conn. To Require Interest Waivers For Some Delinquent Taxes
Connecticut will require municipal tax collectors to waive interest on delinquent property taxes when the delinquency is determined to be due to a mistake by a tax collector or assessor and not the taxpayer's fault under a bill signed by the governor.
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June 03, 2024
Ohio Property Sale Price Not Timely Enough To Raise Value
An Ohio property made up of four lots was properly valued and should not have its value increased based on a 2017 sale, because the sale was not timely, the state Board of Tax Appeals ruled.
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June 03, 2024
La. Tax Board Granted Authority To Call Virtual Hearings
The Louisiana Board of Tax Appeals is now able to hold virtual hearings under a bill signed by the governor.
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June 03, 2024
Minn. Tax Court Lowers Home Value Over Native Burial Mound
The valuation of a lakeside parcel including a legally protected Native American burial mound must be lowered because a split of the property as envisioned by assessors would have been unlikely to gain the needed approvals, the Minnesota Tax Court said.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Fla. To Allow Reimbursement Of Trust Owners For Taxes Paid
Florida will allow fiduciaries to reimburse owners of certain trusts for income taxes paid under a bill signed by Republican Gov. Ron DeSantis.
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May 31, 2024
Colo. Establishes Middle-Income Housing Tax Credits
Colorado is creating a pilot program to provide a tax credit for developers of housing aimed at middle-income residents under a bill signed into law by Gov. Jared Polis.
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May 31, 2024
Water Services Co. Asks NJ Court For $1.3M Sales Tax Refund
A water services company told the New Jersey Tax Court it was wrongly denied a sales and use tax refund of nearly $1.3 million, saying its claims were timely filed and the transactions at issue were not taxable.
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May 31, 2024
Calif. High Court Affirms Biz Transfer Was Ownership Change
A California corporation that transferred its ownership of two grocery stores to a trust that held all the corporation's voting stock constituted a change in the properties' ownership, allowing their assessed value to be doubled to $10 million, the state's top court affirmed.
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May 31, 2024
Calif. Tax Director Sees AI Aiding Tax Administration
Nicolas Maduros, as director of the California Department of Tax and Fee Administration, is leading an effort to modernize sales tax administration through the use of artificial intelligence. He's also president of the board of trustees of the Federation of Tax Administrators. Law360 spoke to him about both roles.
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May 31, 2024
Colorado Enacts $700M Child Tax Credit
Colorado created a child tax credit worth about $700 million annually under legislation signed Friday by Democratic Gov. Jared Polis.
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May 31, 2024
La. Sets Tax Dept. Notice Requirement For Foreign Biz
Louisiana will require the state's Department of Revenue to send notices to taxpayers outside the U.S. through first-class international mail with electronic delivery confirmation under a bill signed by the governor.
Expert Analysis
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SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
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.
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Constitutional Shenanigans And Other Sports: SALT In Review
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.
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This Earth Day, Consider How Your Firm Can Go Greener
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.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
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.
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Practicing Law With Parkinson's Disease
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.
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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.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
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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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Speaking Of Ideas Hard To Swallow: SALT In Review
From a Pennsylvania bill that would force corporate tax disclosure to a proposed candy tax in California, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.