• March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Alternative Ways To Pay For Trump’s Infrastructure Plan

    The Trump administration’s and certain lawmakers’ recent willingness to discuss a federal gas tax hike to fund highway and other surface transportation upgrades spurs optimism that infrastructure funding is high on the legislative agenda, but experts say there’s little chance such a drastic policy shift will take flight this year.

  • March 9, 2018

    Use Mediation To Promote Tax Arbitration, UN Official Says

    More needs to be done to build confidence in mandatory binding arbitration for tax treaties rather than just depending on external pressures to continue its use, and having nonbinding third-party mediation may be the answer, a United Nations official said on Friday.

  • March 9, 2018

    IRS, Howard Stern Shake Most Of Suit Over Aired Tax Call

    A Massachusetts federal judge on Friday axed the bulk of a suit brought by a woman whose private tax return information disclosed during a conversation with an Internal Revenue Service agent was broadcast without her knowledge on Howard Stern's radio show, ruling that the IRS had broad immunity from her claims and that the radio show hadn't intentionally invaded her privacy.

  • March 9, 2018

    Tax Court Judge Trims Coke's Evidence In $3.3B IRS Row

    A U.S. Tax Court Judge on Friday struck down portions of an expert report submitted by The Coca-Cola Co. in the company's $3.3 billion transfer pricing dispute with the Internal Revenue Service, after the government complained the interviews used to compile the report had not been properly documented.

  • March 9, 2018

    Firm's Suit Over Fees In Novartis Row Paused Over Atty Exit

    A New Jersey federal judge on Thursday temporarily halted a law firm’s case seeking payment from a former client who brought an unsuccessful whistleblower suit accusing Novartis AG of tax improprieties, ordering the case adjourned for two months so the client can find new counsel.

  • March 9, 2018

    OECD Issues New Model Disclosure Rules For Tax Advisers

    The Organization for Economic Cooperation and Development on Friday finalized recommended rules that would require lawyers, accountants and other tax advisers to disclose if they are marketing structures designed to avoid new global reporting requirements that seek to curb tax avoidance.  

  • March 9, 2018

    Calif. Appeals Court Affirms Automatic Tips Are Taxable

    A California appellate court affirmed a trial court’s decision Friday, saying that gratuities automatically imposed on restaurant checks for large groups are taxable, rejecting the claims made by an operator of multiple restaurants that such additions to checks were optional and legally not subject to sales tax.

  • March 9, 2018

    15 Months In, Philly Still Plagued With Soda Tax Uncertainties

    It’s been 15 months since the city of Philadelphia enacted its sweetened beverage tax, and there looks to be no end in sight to the fighting and fallout that have plagued it from the outset, thanks to lower-than-expected tax revenue as well as court battles.

  • March 9, 2018

    Import-Export Clause Needs High Court Review, County Says

    A 70-year-old U.S. Supreme Court precedent for determining whether taxes on goods in transit violate the U.S. Constitution’s import-export clause warrants another look due to inconsistent interpretations, a Virginia county told the justices in a brief on Thursday.

  • March 9, 2018

    Disputing Proposed Tax Regs Is Growing, Panel Says

    Challenging proposed tax regulations before they are enforced is a growing legal strategy that may give the bar a new way to represent clients, attorneys said during a panel discussion Friday at a Federal Bar Association meeting.

  • March 9, 2018

    Mass. Gov's $610M Bill Extends Fantasy Sports Gaming

    Massachusetts Gov. Charlie Baker released a new economic development framework and legislation Friday that commits $610 million to various infrastructure projects and will allow fantasy sports gaming to continue in the state through the July deadline.

  • March 9, 2018

    Mass. Seafood Co. Manager Avoids Jail For Tax Evasion

    The former manager of a Massachusetts-based seafood processor avoided jail time on Friday after admitting he failed to report about $80,000 he netted, and will instead face home confinement, probation, and as many Uber rides as it takes to pay back the government.

  • March 9, 2018

    5th Circ. Says Taxpayers Can't Extend Appeal Deadline

    The Fifth Circuit refused to hear an appeal from two taxpayers unhappy with a U.S. Tax Court decision, saying that their repeat attempts to vacate that decision cannot extend their appeal deadline.

  • March 9, 2018

    Fed. Circ. Affirms Denial Of Couple's Tax Refund Lawsuit

    The Federal Circuit on Friday upheld a lower court’s decision to dismiss a tax refund lawsuit as untimely in the case of a couple whom the Internal Revenue Service found to have improperly applied passive activity deductions and credits against nonpassive income.

  • March 9, 2018

    ‘Tax Extender’ Process Must Change, Congress Staffers Say

    Congress must get off the merry-go-round of renewing targeted tax benefits every year or two because it makes for bad policy and increases uncertainty for businesses, staffers for the U.S. House and Senate tax committees said Friday.

  • March 9, 2018

    SALT: Still Crazy After All These Years

    While South Dakota v. Wayfair has reignited the love Quill, hate Quill, save Quill, kill Quill saga on the public stage, it is far from the only tax dispute worth following. From baseball to lonesome income with no tax home, Quarles & Brady LLP partner David Brunori breaks down the most noteworthy ongoing state and local tax controversies.

  • March 9, 2018

    Taxation With Representation: Wachtell, Skadden, Baker

    In this week’s Taxation with Representation, Cigna bought Express Scripts for $67 billion, GTCR LLC and Sycamore Partners took CommerceHub private in a $1.1 billion deal and AXA Group acquired XL Group Ltd. for $15.3 billion.

  • March 9, 2018

    EU Probes UK 'Zero VAT' Tax On Commodity Derivatives

    The European Commission is investigating whether the British government is infringing European law over the way it taxes some commodity derivatives when they are traded on an exchange, HM Treasury said on Friday.

Expert Analysis

  • Getting Back To Basics With Master Limited Partnerships

    Jeffery Malonson

    It has been a rough three years in the energy sector. During the downturn, upstream master limited partnerships, large and small, were disproportionately affected. If we have learned anything from this cycle, it is that we should endeavor to structure MLPs to withstand even the harshest price environments, says Jeffery Malonson of King & Spalding LLP.

  • Stakeholders Must Act Now To Nominate Opportunity Zones

    Aileen Thomas

    The Tax Cuts and Jobs Act created a program to direct much-needed capital to low-income communities by providing significant tax benefits to investors who use qualified opportunity funds. States, which can nominate communities for designation as qualified opportunity zones until March 21, are seeking input from stakeholders, and all need to act quickly, say Jones Walker LLP partners Aileen Thomas and Jonathan Katz.

  • Chloe Kim’s Right Of Publicity: The Value Of Gold

    Scott Weingust

    At only 17 years old, Olympic gold medalist Chloe Kim probably has not spent much time thinking about trusts and estate planning. But success on the big stage increases the value of the right of publicity, which affects estate-planning strategies, say Scott Weingust and Jordan Salins of Stout Risius Ross LLC.

  • Breaking Down The New Interest Deduction Limitation

    Breaking Down The New Interest Deduction Limitation

    The Internal Revenue Code has historically limited the ability of corporations to deduct certain interest paid to related parties, but the recent tax reform modified this limitation and expanded its application. In this video, Taylor Kiessig and Brian Tschosik of Eversheds Sutherland LLP discuss differences between the historic and new versions of this limitation on interest expense.

  • How Tax Reform Changes The Treatment Of Fringe Benefits

    Mary Hevener

    The Tax Cuts and Jobs Act significantly changed the federal taxation of fringe benefits. With the elimination or reduction of deductions for employers, elimination of employee exemptions and other changes, reform's treatment of fringe benefits promises a ripple effect reaching many aspects of employee compensation, say attorneys at Morgan Lewis & Bockius LLP.

  • Dueling Tax Measures On San Francisco's June Ballot

    Richard Nielsen

    In June 2018, the San Francisco electorate will vote on the two competing tax measures, Housing for All and Universal Childcare for San Francisco Families. The measures differ in purpose, tax rate and exemptions, but either one would mean a huge increase in taxes for commercial landlords, say attorneys at Pillsbury Winthrop Shaw Pittman LLP.

  • Planning For The New GILTI Tax

    Planning For The New GILTI Tax

    The recent Tax Cuts and Jobs Act adopted a provision subjecting certain U.S. shareholders of controlled foreign corporations to tax on their global intangible low-taxed income, or GILTI. In this video, Taylor Kiessig and Stefanie Wood of Eversheds Sutherland LLP explain that GILTI is effectively a new worldwide minimum tax on the earnings of a U.S. shareholder’s CFCs.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • The Base Erosion And Anti-Abuse Tax: An Introduction

    Introducing The Base Erosion And Anti-Abuse Tax

    The new base erosion and anti-abuse tax generally imposes a 10 percent minimum tax on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments. In this video, Daniel Nicholas and Margaret Pope of Eversheds Sutherland LLP offer a brief overview of the tax, and a simplified example of the BEAT calculation.