State & Local
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November 01, 2024
Ind. Tax Dept. Says Co. Timely Filed Amended Returns
A company doing business in Indiana timely filed for an income tax refund, the Department of State Revenue said, finding that an advance pricing agreement between the company and the Internal Revenue Service counts as a federal modification.
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November 01, 2024
Mich. Senate Votes To Allow LLC Status For Telecom Cos.
Michigan would allow telecommunication companies to convert to limited liability companies while continuing to be considered corporations for state tax purposes under a package of bills passed in the state Senate.
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November 01, 2024
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation with Representation, BC Partners sells its majority equity interest in GardaWorld, Lone Star Funds sells specialty chemicals company AOC to Nippon Paint Holdings, Crescent Biopharma takes GlycoMimetics private, and Francisco Partners buys AdvancedMD from Global Payments.
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November 01, 2024
Ind. Co. Can't Shake Tax On Software From IT Provider
An Indiana company was correctly assessed additional sales tax on computer software that it acquired as part of a contract with a third party, the Department of State Revenue said in a letter of findings.
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November 01, 2024
Ore. Court Fines Man For Frivolous Tax Challenge
The Oregon Tax Court fined a resident on the grounds that he brought a frivolous challenge to an individual income tax assessment, rejecting his constitutional arguments and assertions of limits to Oregon's taxing power.
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November 01, 2024
Ore. Tax Bill To Fresenius OK Despite Minor Error, Court Says
A minor error in a tax deficiency notice sent to a Fresenius Medical Care entity, identifying it as a corporation instead of as a limited partnership, did not invalidate the notice, the Oregon Tax Court said.
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November 01, 2024
4 States To Vote On Expanding Cannabis Or Psychedelics
On Tuesday, voters in Florida, North Dakota and South Dakota will decide whether to legalize cannabis for adult recreational use, while Massachusetts — where marijuana is already fully legal — will decide whether to decriminalize and regulate certain psychedelics.
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October 31, 2024
Ga. Justices Kill Free Speech Challenge To Strip Club Tax
A Georgia tax on strip clubs that's used to fund child trafficking prevention efforts has been upheld by the state's highest court, which said in a split decision that a First Amendment challenge to the tax by club owners failed to show the levy limited their speech.
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October 31, 2024
Madigan Ally Set Up Work For Speaker's Fired Aide, Jury Told
An ex-lobbyist on trial alongside former Illinois House Speaker Michael Madigan made arrangements for a political operative that Madigan fired to receive monthly payments while he was unemployed, suggesting he enter into contracts with loyal lobbyists and write up reports on legislators "in case the IRS checks this out," a federal jury heard Thursday.
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October 31, 2024
Calif. Gov. Proposes Expansion Of Film And TV Tax Credit
California would more than double the annual amount of money allocated to its film and TV tax credit program as part of a proposal from Democratic Gov. Gavin Newsom, the governor's office said.
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October 31, 2024
Ind. Tax Dept. Says Ohio Man Wrongly Assessed Income Tax
A former Indiana resident was wrongly assessed individual income tax, the Department of State Revenue said in a letter of findings, because he was able to present evidence to prove that he lived in Ohio at the time.
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October 31, 2024
DC Creates Tax Break For Landscape Architecture Services
The District of Columbia established a sales tax exemption for landscape architecture services under clarifying legislation enacted without the mayor's signature, though the measure is subject to congressional review before it becomes law.
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October 31, 2024
4 Ways Congress Could Try To Close The Tax Gap
The gap between federal taxes owed and paid — recently estimated at $696 billion for 2022 — could be addressed in several ways, including increasing information reporting or simplifying the tax code, experts told Law360.
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October 31, 2024
NY, NJ, Calif. Worst In Tax Competitiveness Study, Wyo. Best
Wyoming is the best state in the nation for tax competitiveness, the Tax Foundation said in a study released Thursday, with New York earning the title for the worst state, followed by New Jersey and California.
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October 31, 2024
Mich. General Revenue Drops $283M In Fiscal 2024
Michigan general revenue collection from October 2023 through September totaled $283 million less than the state's revenue for the previous fiscal year, according to the state Budget Office.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
Mich. Judges Reject Interest For Unclaimed Property Returns
A Michigan appellate panel overturned a trial court Tuesday that admitted it was going against the grain by requiring the state to pay interest when it returns seemingly abandoned property, with appellate judges finding state statute was comprehensive enough to supersede the common law idea that "interest follows principal."
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October 30, 2024
Federal Deference Ruling May Mean Less State Tax Guidance
A U.S. Supreme Court ruling that killed the doctrine known as Chevron deference does not have a direct effect on states, but indirect effects could include that of state tax agencies issuing less guidance, panelists said Wednesday.
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October 30, 2024
Texas Justices Quiz Sales Tax Break For Private Prison Co.
Texas Supreme Court justices questioned Wednesday whether a private prison operator is eligible to receive a sales tax exemption granted to governmental entities, mulling over whether the company functions as an agency or instrumentality of the state.
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October 30, 2024
Pa. Authorizes Settlement Process To Resolve Tax Disputes
Pennsylvania empowered the state Board of Finance and Revenue to oversee a formal settlement process to resolve taxpayer disputes and extended the deadline for taxpayers to appeal personal income tax assessments from the state Department of Revenue under a bill signed by Democratic Gov. Josh Shapiro.
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October 30, 2024
Va. Amusement Park Wins Property Tax Refund For Rides
A Virginia amusement park owner is owed refunds of business property tax payments, the state's tax commissioner said, agreeing with the owner that rides and other assets at the park were fixed to real property and not subject to the tax.
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October 30, 2024
NJ Cannabis Commission Delays Increasing Excise Fee
The New Jersey commission that regulates cannabis will not immediately increase the state's social equity excise fee and will instead decide at a later meeting whether to increase the fee, the commission voted on Wednesday.
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October 30, 2024
Real Estate Tax Ballot Initiatives To Watch
Next week, voters in seven states will be weighing in on a variety of real estate tax ballot initiatives, including various measures that would provide additional property tax relief to veterans.
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October 30, 2024
Ohio Justices Say Attorney In Prison Should Not Be Disbarred
The Ohio Supreme Court ruled Tuesday that an attorney in federal prison for his participation in a tax fraud scheme should not be disbarred, and should have a chance to reapply for his law license in the future
Expert Analysis
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Bad Ideas That Won't Go Away: SALT In Review
From California's latest move toward a digital ad tax to Kansas' proposed tax credits for film production, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Kentucky Tax Talk: Budget Focus Cools Tax Reform Efforts
There were some noteworthy tax developments during Kentucky’s legislative session — like the revival of local tax reform and enactment of another tax amnesty program — but major tax initiatives, like those seen in recent years, were largely tabled as legislators focused on establishing the state’s two-year budget, say attorneys at Frost Brown.
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NY Tax Talk: Primary Function Is Key Analysis For Sales Tax
Two sales tax cases recently decided by New York's Appellate Division illustrate why both taxpayers and the state's Department of Revenue subscribe to the primary function test, a logical way to determine whether business transactions are subject to sales tax, say Elizabeth Cha and Jeremy Gove at Eversheds Sutherland.
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Time To Fix NYC's Broken Property Assessment System
A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.
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Strange Notions Bubble Up: SALT In Review
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.
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Don't Use The Same Template For Every Client Alert
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.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
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.
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The Art Of Asking: Leveraging Your Contacts For Referrals
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.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
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.