State & Local
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December 06, 2024
Neb. Tribe Asks US High Court To Undo Tobacco Sales Ruling
A Nebraska tribe's tobacco companies are asking the U.S. Supreme Court to overturn an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors, arguing that Native American nations' ability to conduct their own affairs within their own borders is at stake.
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December 06, 2024
Mass. Tax Interest Rates To Drop In First Quarter Of 2025
Massachusetts' interest rates for tax overpayments and underpayments will drop by a percentage point in the first quarter of 2025, the state Department of Revenue said.
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December 06, 2024
Simpson Thacher Adds Tax Pro From Ropes & Gray
Simpson Thacher & Bartlett LLP announced the firm has added a tax professional from Ropes & Gray LLP as a partner in its Washington, D.C., office.
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December 06, 2024
Alcatel Asks Pa. Justices For Remand On $4M Tax Refund
The Pennsylvania Supreme Court should remand Alcatel-Lucent's case against the commonwealth over a $4 million income tax refund so that a more complete factual record can be established, the company told the justices in an application for reargument.
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December 06, 2024
Taxation With Representation: Skadden, Gibson Dunn
In this week's Taxation With Representation, BlackRock buys HPS Investment Partners, TreeHouse Foods Inc. buys Harris Tea, Aya Healthcare acquires Cross Country Healthcare, and Bruin Capital launches a soccer representation business.
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December 06, 2024
Ore. Court Says Social Security Counts In Tax Break Test
An Oregon man was rightly denied a property tax deferral because his household income exceeded the limit for beneficiaries, the state tax court said, rejecting his argument that his exempt Social Security income should not be counted in that determination.
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December 05, 2024
NYC's Denial Of Tax Break For Paid Commissions Affirmed
New York City properly denied an architectural firm's deductions for commissions paid to a domestic international sales organization owned by the firm's partners, a New York state appeals court affirmed Thursday, saying the city wasn't required to follow the federal deduction rules for the payments.
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December 05, 2024
Ohio Court Affirms Nix Of Bid To Double $42M Property Value
An effort to nearly double the $42 million taxable value of a property to its recent sale price was correctly dismissed, an Ohio state appeals court said, upholding a state law barring complaints based on the untimeliness of a sale.
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December 05, 2024
Texas Court Strikes Down Change In Sales Tax Sourcing
A Texas tax agency regulation that declared that fulfillment centers are not automatically places of business for local sales tax sourcing is harmful to the Texas cities that opposed it and the state comptroller of public accounts is banned from enforcing it, a state trial court judge said.
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December 05, 2024
Mich. House Panel OKs Fix To Avoid Double Tax On Deliveries
Michigan would allow certain marketplace facilitators of deliveries to deduct sales tax that they paid to sellers to avoid potential double-taxation issues under a bill advanced by a state House of Representatives tax-writing committee.
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December 05, 2024
Mich. Legislature OKs Allowing LLC Status For Telecom Cos.
Telecommunication companies would be able to convert to limited liability companies in Michigan while continuing to be considered corporations for state tax purposes under a package of bills passed by the Legislature.
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December 05, 2024
Ariz. Parcel's Improvements Have No Value, Tax Court Says
The improvements to an industrial parcel in Arizona have no value, the state tax court ruled, agreeing with the owner that a county assessor's valuation of the property was excessive.
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December 04, 2024
Ohio Clarifies Sales Tax Exception For Food Manufacturing
An Ohio sales and use tax exception for property used in manufacturing applies to cleaning supplies used in food production and not just cleaning supplies used in the production of dairy products, the state Department of Taxation clarified in adopted regulatory amendments.
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December 04, 2024
Ind. Tax Board Says Waste Hauler's Equipment Not Taxable
An Indiana-based waste management company was wrongly assessed personal property tax on front-end lifts attached to its garbage trucks, the state's Board of Tax Review said.
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December 04, 2024
Sunoco Not Owed $2.6M NY Tax Refund, Tribunal Affirms
Sunoco affiliates cannot include oil sales to third parties intended as inventory exchanges when computing the company's business activity allocable to New York, the state Tax Appeals Tribunal ruled, affirming the state's denial of a $2.6 million refund.
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December 04, 2024
Mich. Justices Pan Due Process Claim In Tax Appeal Dispute
Two Michigan Supreme Court justices expressed skepticism Wednesday toward a packaging company's arguments that its due process rights were violated when an assessor's notice of a tax exemption denial didn't provide all the information the business needed to appeal.
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December 04, 2024
Block's Tax Refund Should Be Voided, Atlanta Tells Ga. Court
A Georgia trial court erred when it found that Block, the financial services and mobile payments company, was due a $330,000 occupation tax refund from the city of Atlanta, a lawyer for the city told an appellate panel Wednesday.
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December 04, 2024
Ala. Dept. OKs Regs To Implement Tourism Project Tax Breaks
The Alabama Department of Revenue adopted regulations to implement recently enacted tax rebates for companies that operate qualifying tourism projects, according to a notice published by the state Legislative Services Agency.
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December 04, 2024
Reed Smith Adds State Tax Partner To San Francisco Office
Reed Smith LLP added a partner to its national state tax practice who will work out of its San Francisco office, according to the firm.
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December 04, 2024
Ind. Tax Board Cuts Valuation Of Self-Storage Property
An Indiana storage unit facility's $1.06 million valuation was reduced after the state Board of Tax Review determined it should revert to the prior year's assessment of $915,000 because the owner and county assessor failed to accurately appraise the property.
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December 04, 2024
Oracle Can't Seek Fla. Tax Refunds Without Repaying Clients
Oracle can't obtain refunds for Florida state and local taxes that it improperly collected on sales of electronically delivered software to three businesses because the company didn't reimburse those customers first, a state appeals court ruled Wednesday.
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December 03, 2024
Calif. Furniture Chain Owner Owes Fraud Penalty, OTA Says
The owner of a California furniture stores chain committed sales tax fraud, and the relevant tax agency was correct in charging him a 25% fraud penalty and in finding he had more than $6.4 million in unreported taxable sales, the state Office of Tax Appeals ruled.
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December 03, 2024
Calif. Senate Bill Seeks To Shield Tips From Income Tax
California would exclude tips from gross income for state personal income tax purposes under a bill introduced in the state Senate.
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December 03, 2024
Calif. OTA Denies Architect Firm's R&D Tax Credit Claim
The California Office of Tax Appeals denied an architectural firm's claim of research and development tax credits, saying the firm failed to substantiate the amount of time its employees dedicated to qualifying research activities.
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December 03, 2024
Calif. Bill Seeks Constitutional Amendment To Curb Tax Hikes
California would declare state lawmakers' intent to amend the state constitution to limit the state and local governments' power to raise taxes as part of a bill introduced in the Assembly.
Ark. Justice Rejects Tax Case Recusal Over Owning 1 Share
An Arkansas Supreme Court justice said her ownership of one share of stock in Murphy USA doesn't require her to recuse from a pending case in which the oil business is defending tax refunds stemming from allocating deductible interest payments to Arkansas.
La. Enacts Flat Income Tax, Will End Franchise Tax In 2026
Louisiana will eliminate its tiered corporate and individual income tax regime in favor of flat taxes and will scrap the state's corporate franchise tax in 2026 under a package of bills signed Thursday by the governor.
Uber Didn't Have To Collect Tax Pre-Wayfair, Court Told
Uber was not required before the Wayfair decision to collect and remit millions in sales taxes on behalf of drivers and customers who use its app, an attorney for the ride-hailing company told a Georgia appellate panel Wednesday, urging the panel to overturn a trial court.
Editor's Pick
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Law360 Will Track 2024 Ballot Measures On Real-Time Map
As citizens across the country weigh in on federal, state and local elections this November, Law360's 2024 ballot measure map will track election results for tax-related ballot measures in real time. Here, Law360 dives into what's on the ballots in Georgia, Nevada, Wyoming and Denver.
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Law360 Revenue Report Map Tracks Health Of State Coffers
As state coffers fluctuate because of federal pandemic aid drying up, demographics shifting and remote work becoming commonplace, Law360 Tax Authority is providing up-to-date coverage on state tax revenue with the launch of its Revenue Report Map.
Featured Stories
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Conn. High Court Snapshot: Bank Regulation, Workers' Comp
When it convenes for the third term of the season, the Connecticut Supreme Court will hear cases that could affect the scope of the state banking department's authority to determine its own jurisdiction and clarify a workers' compensation benefits law.
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Tax-Exempt Benefit Regs Would Give Tribes Overdue Power
Recently proposed regulations on tribal general welfare benefits would grant tribes sole discretion to determine which programs and services are tax-exempt benefits and, if finalized, would fulfill the long-overdue purpose of a 2014 law meant to give them more deference.
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The Tax Angle: Tax Prom, 25 Years Of TIGTA
From a look at the Tax Foundation's 87th annual Tax Prom celebration to the Treasury Inspector General for Tax Administration marking 25 years in operation, here's a peek into a reporter's notebook on a few of the week's developing tax stories.
Expert Analysis
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Meeting A New Tax Across The River: SALT In Review
From New York's revised congestion pricing for lower Manhattan to the reality of artificial intelligence in tax administration, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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States, Taxes And Scorecards: SALT In Review
From the latest noteworthy rankings of the states' business tax regimes to results of ballot measures across the country, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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Kentucky Tax Talk: Finally Better Online Records At Revenue?
The Kentucky Department of Revenue has not taken significant visible steps toward complying with legislation requiring it to post administrative guidance on its website starting no later than Nov. 15, and refusal to do so would widen the transparency gap between the state and its more business-friendly neighbors, say attorneys at Frost Brown.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Overreach In Texas And An Acronym In Peril: SALT In Review
From the Council on State Taxation's take on a proposal in Texas to the potential end of a fundamental truth in Montana, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.