• January 6, 2017

    Fla. Tribe's Appeal Argues Conflict In Fuel Tax Ruling

    The Seminole Tribe of Florida asked the Florida Supreme Court Friday to reinstate a challenge to the state’s imposition of taxes for fuel used on tribal lands for governmental purposes, saying an appeals court wrongly found its case was identical to one previously decided in state court.

  • January 6, 2017

    Oncor Notches 3 Wins In Rate Case At Texas High Court

    The Texas Supreme Court delivered a series of victories to Energy Future Holdings Corp.’s power distributor, Oncor Electric Delivery Co. LLC, on Friday in a complicated rate case, allowing the utility to charge ratepayers for federal income taxes and municipal franchise fees and ending a 20 percent discount for state colleges.

  • January 6, 2017

    Tax Group Urges High Court To Review Mich. Tax Deal Spat

    A state tax policy advocacy group has joined the slog over Michigan's decision to retroactively withdraw from a multistate tax agreement, upheld by Michigan’s high court in June, urging the U.S. Supreme Court to hear the case.

  • January 6, 2017

    $19M Belize Award Row Has Unresolved Issues, Justices Told

    Belize has again urged the U.S. Supreme Court to take up its challenge to a D.C. Circuit decision to enforce a 38 million Belize dollar ($19 million) arbitral award to a telecommunications company, arguing that the U.S. is wrong to argue the dispute needs no further resolution.

  • January 6, 2017

    Wyo. Introduces Bill To Fight High Court's Sales Tax Ruling

    Wyoming became the latest state to formally fight a controversial U.S. Supreme Court ruling requiring retailers to have a physical presence in a state to collect transaction taxes after it introduced a bill requiring out-of-state vendors to remit these taxes.

  • January 6, 2017

    Texas Court Again Sides With AMC In $1.2M Tax Refund Fight

    Texas appellate judges on Friday declined to reconsider their earlier decision finding that movie theater chain AMC properly subtracted film exhibition costs when determining its franchise tax liability, keeping intact the movie chain’s nearly $1.2 million refund from the state.

  • January 6, 2017

    Chevron Doctrine Repeal Teed Up For House Vote

    The House of Representatives will vote next week to overturn the Supreme Court's longstanding Chevron doctrine, which defers to government agency legal interpretations, as part of a larger campaign to pull back on federal rulemaking powers.

  • January 6, 2017

    4th Circ. Upholds IRS Rejection Of $118M Tax Deduction

    In a published opinion Friday, the Fourth Circuit backed the IRS' rejection of $117.8 million in salary and wage deductions claimed by an engineering and defense contractor post-acquisition, because it faced no “substantial risk of forfeiture” on the stock at the dispute's heart.

  • January 6, 2017

    3 Ex-Paskenta Officials Indicted On Embezzlement Charges

    Three former Paskenta Band of Nomlaki Indians officials were hit with a 69-count indictment in California federal court on Thursday accusing them of embezzling at least $6 million in tribal funds, making false statements to federal agents and either filing inaccurate tax returns or failing to file any at all.

  • January 6, 2017

    Taxation With Representation: Bracewell, Gibson, Baker

    In this week’s Taxation With Representation, tax attorneys help guide the creation of an $11 billion natural gas liquids producer, Abbott Laboratories wraps up its $25 billion purchase of a rival medical device maker and Sears unloads its Craftsman tool brand in a $900 million transaction.

  • January 6, 2017

    Mylan Sues IRS For Nixing $42M In Patent Litigation Write-Offs

    Mylan Inc. is fighting the IRS’ decision to deny its bid to write off $42 million in legal fees incurred in 2014 defending patent infringement litigation over its generic drug activities, arguing in a new suit filed in U.S. Tax Court that the expenses had nothing to do with the Food and Drug Administration approval process.

  • January 6, 2017

    Ole Miss Inks Deal To Halve IRS Bill Over Nike, Coke Programs

    A U.S. Tax Court judge has slashed in half a tax bill for the University of Mississippi related to money it made sending its coaches to functions sponsored by Nike and Coca-Cola following a settlement between the school and the IRS, court records show.

  • January 6, 2017

    Philly Urges Pa. Justices To Hear Soda Tax Challenge

    The Pennsylvania Supreme Court was urged in a petition Friday to assume special jurisdiction over a pending appeal following the dismissal of a lawsuit challenging the city of Philadelphia’s new tax on sugar-sweetened drinks and diet soda.

  • January 6, 2017

    Shareholder Can't Duck Taxes Tied To $3M In Sales: NY Court

    A New York tax court has denied a refund request from a shareholder of a pass-through corporation that was found to owe additional taxes on $3 million in sales, finding that the shareholder failed to show that she was not responsible for her portion of the taxes. 

  • January 6, 2017

    5 Insights From General Electric's Alex Dimitrief

    “Data sovereignty” is a recent trend with important consequences for GE’s future as a digital industrial company. The technical challenges alone are immense. But compounding those challenges are the growing number of countries considering laws that would impede the flow of data across national borders, says Alex Dimitrief, general counsel of General Electric Co.

  • January 5, 2017

    House Passes Bill To Put Rules To Up-Or-Down Vote

    Major administrative rulemakings and rulings could have to go to Congress for an approval vote if a bill the House passed Thursday becomes law.

  • January 5, 2017

    Wash., County Can't Dodge Tulalip Tribes' Biz Tax Dispute

    A federal judge on Thursday largely rejected the state of Washington and Snohomish County’s bid for a quick win in a lawsuit in which the Tulalip Tribes are challenging taxes imposed by the state and county on non-Native American businesses and their patrons at a village on reservation lands.

  • January 5, 2017

    AICPA Calls On IRS To Simplify Interest Capitalization Rules

    The American Institute of Certified Public Accountants told the IRS on Wednesday that the agency needs to simplify regulations covering capitalized interest, which involves long-term property costs, saying that the rules place a “substantial” administrative burden on certain industries.

  • January 5, 2017

    GOP’s Higher Tax Deductions May Be Bad For Homeowners

    A key platform of the House Republicans’ tax reform plan to almost double tax breaks for individuals and families could actually end up driving down housing prices by making tax incentives less effective for homebuyers, according to one of the nation’s largest lobby groups.

  • January 5, 2017

    Ex-Senate Finance Tax Counsel Joins Covington & Burling

    Anticipating significant movement on tax policy under an incoming Republican trifecta government, Covington & Burling LLP has brought a former tax counsel on the U.S. Senate Finance Committee to its public policy and government affairs practices, the firm announced on Thursday.

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Understanding Ohio's Downtown Redevelopment Districts

    Scott Ziance

    The Ohio state legislature recently established the procedure for designating downtown redevelopment districts and innovation districts in the state. These powerful new tools can also be combined with existing economic development incentives, but the key to their successful implementation is determining when to use the correct incentives mix in the given circumstances, say Scott Ziance and Chris Clements of Vorys Seymour Sater and Pease LLP.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Withholding Changes For Dividend Equivalent Amounts

    Philip Gross.jpg

    Last year, the IRS issued final and temporary regulations pertaining to Section 871(m) of the U.S. Internal Revenue Code, which imposes a 30 percent U.S. withholding tax on dividend equivalent amounts paid or deemed paid on certain swaps and equity linked instruments. Funds should carefully consider the implications, say attorneys from Kleinberg Kaplan Wolff & Cohen PC.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Lessons From DOJ Treatment Of Tony Hu For Sales Tax Fraud

    Matthew Lee

    A federal judge recently sentenced well-known Chicago restaurant owner Tony Hu to prison for carrying out an extensive scheme to avoid paying state sales tax collected from customers of his establishments. Two important lessons may be drawn from this criminal case, says Matthew Lee of Fox Rothschild LLP.

  • Offshore Patent Transfer Payments Draw IRS, Court Scrutiny

    Vikram Iyengar

    Tax inversions and the offshoring of intellectual property by U.S. companies grew from an arcane tax law subject to a popular election year issue this autumn. Transfer pricing is a significant area of scrutiny for the IRS, and recent Federal Circuit case law has resulted in dramatically reduced damages for infringement of offshored patents, say Vikram Iyengar and Charlene Morrow of Fenwick & West LLP.

  • In Congress: The End Game

    Richard Hertling

    Republican leaders appear determined to wrap up a week early to allow more time at the start of the 115th Congress in January 2017 for consideration of resolutions of disapproval of “midnight” regulations issued by the outgoing Obama administration under the Congressional Review Act, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The Trump Infrastructure Plan And Its Legal Implications

    Steve Sorett

    The incoming Trump administration's $1 trillion infrastructure plan would rely mostly on private investment, with infrastructure tax credits envisioned as bringing the needed financing to the table. But many questions remain unanswered, including who will decide on the selection and timing of projects, what laws will apply, and how private investors will be paid back, says Steve Sorrett of Kutak Rock LLP.