State & Local
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November 01, 2024
Colo. Gov. Proposes Tax Credit To Woo Sundance Festival
Colorado Gov. Jared Polis wants the state to offer a new tax credit to lure the annual Sundance Film Festival, he said Friday in a presentation of his proposed $46.1 billion state budget for fiscal year 2025-26.
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November 01, 2024
Ohio Makes Play To Enter Cleveland Browns' Stadium Suit
Ohio asked to join Cleveland as a defendant in a suit filed by the Cleveland Browns alleging that a state law impeding the NFL team's plan to move to another city within the state is unconstitutional.
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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.
Expert Analysis
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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.
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Consider 2 Alternative Exit Plans In RE Distress Scenarios
In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.
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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.