State & Local
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January 08, 2025
Amazon Defends Pre-Wayfair Tax Stance At SC High Court
Amazon's reading of a South Carolina law concerning which businesses were required to collect and remit sales tax prior to the landmark Wayfair decision is reasonable, and the state's highest court should rely on it, the online retail giant told the South Carolina justices.
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January 08, 2025
ND Senate Bill Would Require Disclosure Of Any Tax Incentive
North Dakota would require the state tax commissioner to disclose information about any tax incentive claimed by a taxpayer at the request of certain lawmakers as part of a bill the state Senate's Finance and Taxation Committee considered Wednesday.
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January 08, 2025
Madigan Denies Extorting Developers For Law Firm Business
Ex-Illinois House Speaker Michael Madigan testified Wednesday that he never wanted a Chicago alderman to leverage his chairmanship of a powerful city council committee to steer business to Madigan's law firm, saying he merely asked for introductions to developers and felt "surprise and concern" when the alderman referenced a quid pro quo deal.
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January 08, 2025
H&R Block To Pay $7M Fine In False Ad Settlement With FTC
Tax preparation giant H&R Block will pay a $7 million fine to help customers harmed by what the Federal Trade Commission called its deceptive advertising practices and make it easier for customers to downgrade to cheaper products under a settlement with the agency announced Wednesday.
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January 08, 2025
Colo. Ballot Proposal Would Tax Vacant Properties
Colorado would impose a tax on vacant properties, with the revenue going to public school teacher bonuses, under a measure proposed for the November 2025 ballot.
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January 08, 2025
Maine House Bill Seeks Tax Conformity With Federal Code
Maine would conform state tax law with the Internal Revenue Code as amended through 2024 under a bill filed in the state House of Representatives.
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January 08, 2025
Wis. Gov. Calls For Letting Taxpayers Start Ballot Initiatives
Wisconsin's governor voiced his support for allowing residents to create ballot measures, which he said would lead to policies that better "reflect the will of the people."
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January 08, 2025
Calif. Woman Can't Reduce Tax From Property Sale, OTA Says
A Californian failed to prove she was eligible for a reduction in the tax liability assessed on capital gains that resulted from a property sale, the state Office of Tax Appeals ruled.
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January 08, 2025
Ky. House Bill Seeks To Reduce Flat Income Tax Rate
Kentucky would reduce the rate of its flat income tax by half a percentage point as part of a bill introduced in the state House of Representatives.
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January 08, 2025
NY Bill Aims To Increase Tax On GILTI, Raise Top Biz Tax Rate
New York would reduce the amount of global intangible low-taxed income that is exempt from state tax and nearly double the top corporation franchise tax rate under a bill filed Wednesday in the state Senate.
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January 08, 2025
Calif. Egg Farm Isn't Eligible For Research Credit, OTA Rules
The owners of a California egg farm can't claim the state's research and development tax credit for the 2012 tax year because the projects didn't constitute experimentation, the Office of Tax Appeals ruled.
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January 08, 2025
Md. Bill Would Drop Residency Tax Threshold To 3 Months
Maryland would reduce the threshold for residency for income tax purposes from six months to three under legislation introduced Wednesday in the state's General Assembly.
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January 08, 2025
Ky. House Bill Would Exempt Nonprofits From Sales Tax
Kentucky would exempt nonprofit institutions from sales tax on the purchase or sale of personal property or services as part of a bill introduced in the state House of Representatives.
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January 08, 2025
Ky. Wouldn't Tax Tips And Overtime Pay Under House Bill
Kentucky would exclude payment received from tips and overtime pay from the calculations of individual income tax liability as part of a bill introduced in the state House of Representatives.
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January 08, 2025
Md. Bills Float Allowing Tech Cos. To Transfer Tax Benefits
Certain technology companies in Maryland would be allowed to transfer unused tax benefits to other businesses under legislation introduced Wednesday in the state's General Assembly.
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January 08, 2025
Md. Bill Would Allow County Tax Hikes On High Incomes
Maryland counties would be allowed to raise their local income tax rates for high incomes, with the revenue taxed at the higher rates dedicated to public transit and education, under legislation introduced Wednesday in the state General Assembly.
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January 07, 2025
Ex-Ill. Speaker Madigan Testifies In His Racketeering Trial
Former Illinois House Speaker Michael Madigan took the stand in his own defense Tuesday, testifying that he neither traded his public office for private gain nor demanded or accepted anything valuable in exchange for his official action, adding that he was "very angry" to learn that people who he'd recommended for jobs did little to no work.
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January 07, 2025
'Unflattering' Story Not Defamatory, Gannett Says
A tax firm's defamation suit against USA Today should be tossed, the newspaper's owner told Texas justices Monday, arguing that a 2021 investigative series was not defamatory even if its "gist" was "unflattering."
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January 07, 2025
Calif. Resident Kept State Domicile, Owes Tax, OTA Says
A person who traveled from California to Florida and back is considered a California resident and domiciled in California and thus owes additional state income tax and interest, the California Office of Tax Appeals affirmed.
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January 07, 2025
Calif. Hydroponics Co. Can't Escape $1M Tax Bill
A California company selling hydroponics equipment is not entitled to a redetermination of more than $1 million in tax liability, and no adjustments to state audits of the company's unreported taxable sales are required, the state Office of Tax Appeals ruled.
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January 07, 2025
Mont. Bill Floats Mine, Data Center Property Tax Changes
Montana would lower the property tax rate imposed on metal mines, certain agricultural land and railroads but raise the rate on data center property as part of a bill introduced in the state Senate.
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January 07, 2025
Calif. Resident's Late Filing Means No EITC Refund, OTA Says
A California resident filed her state tax return too late and is not entitled to a refund she claimed for the state earned income tax credit, the Office of Tax Appeals ruled.
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January 07, 2025
Mont. Bill Calls For Property Tax Appraisals Every 2 Years
Montana would require all real property to be reappraised every two years for tax purposes as part of a bill introduced in the state House of Representatives.
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January 07, 2025
Detroit Settles Protracted Tax Fight Over Holding Co.'s Gain
Detroit reached a tentative settlement in a long-running tax assessment dispute stemming from a holding company's gain from selling stock in a Canadian tobacco testing company, the city said in a court filing Tuesday.
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January 07, 2025
ND Gov. Pitches Property Tax Reform In Annual Address
North Dakota would cap local property tax increases at 3% and double a major exemption under a plan pitched by the state's new governor that he said would eliminate the tax on many primary residences in the next decade.
Expert Analysis
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Frames Of Deference: SALT In Review
From a challenge to New York state regulations that follows on the end of Chevron deference to a court ruling siding with the Nebraska Revenue Department's view of a tax deduction, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Local Taxes And Repercussions: SALT In Review
From a study of local taxes to news that corporations will relocate to tax-friendlier places, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Financial Incentives May Alleviate Affordable Housing Crisis
There is a wide array of financial incentives and assistance that the government can provide to both real estate developers and individuals to chip away at the housing affordability problem from multiple angles, say Eric DeBear and Madeline Williams at Cozen.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Assessing The Practicality Of Harris' Affordable Housing Plan
Vice President Kamala Harris' proposed "Build the American Dream" plan to tackle housing affordability issues takes solid recommendations into account and may fare better than California's unsuccessful attempt at a similar program, but the scope of the problem is beyond what a three-point plan can solve, says Brooke Miller at Sheppard Mullin.
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Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.