Tax

  • April 18, 2017

    Jackson Hewitt Scams Taxpayers On Refunds, Suit Says

    Tax preparation franchise Jackson Hewitt has been secretly manipulating its customers’ tax returns in order to generate and keep ill-gotten refunds, according to a putative class action filed in California federal court on Monday.

  • April 18, 2017

    Sheppard Mullin Adds Another Energy Partner In Chicago

    Sheppard Mullin Richter & Hampton LLP has added an energy lawyer from Winston & Strawn LLP as a partner in its Chicago office, where he joins the firm’s energy, infrastructure and project finance team and will concentrate on tax issues.

  • April 18, 2017

    Criminal Forfeitures Not Tax-Deductible, US Tells Justices

    The federal government has asked the U.S. Supreme Court to turn down an attempt by the former CEO of Qwest Communications International Inc. to revive a lawsuit seeking an $18 million refund for the taxes he paid on insider trading profits that were forfeited following a criminal conviction.

  • April 18, 2017

    14 States Ask DC Court To Uphold Trump's 2-For-1 Order

    Fourteen states on Monday weighed in to support the Trump administration’s executive order mandating that executive agencies eliminate two regulations for every new one, saying it is likely to lessen regulatory burdens on the states and their residents.

  • April 18, 2017

    Texas Cities Deserve $25M In Fees For Hotel Tax Win: Judge

    Online travel companies including Expedia Inc. and Hotels.com that were slapped with an $84 million judgment for underpaying hotel occupancy taxes in various Texas cities should now pay an additional $25 million to attorneys representing the cities, a magistrate judge recommended Monday.

  • April 18, 2017

    NY Settles With Ala. Firm For $40M In Biggest Tax Recovery

    New York Attorney General Eric Schneiderman on Tuesday announced a whistleblower-initiated $40 million settlement with Alabama-based investment firm Harbert Management Corp. over unpaid state income taxes claimed instead in lower-tax Alabama, calling it the “largest ever recovery of its kind” by the office.

  • April 17, 2017

    Judge Delays Cert. In Silver Co. Investors' Tax Fraud Suit

    A California judge poised to certify a class of investors alleging in their securities fraud suit that a Canadian silver company concealed a potential $207 million tax liability said Monday after class counsel suggested the suit might be amended that she “can’t have a class that waffles.”

  • April 17, 2017

    Biz Optimism Is Waning With Trump Inaction On Tax Reform

    Businesses that entered 2017 with a high degree of optimism for the prospects of tax reform are now feeling increasingly uncertain following President Donald Trump's latest decision to once again put tax reform on hold while going back to reworking health care policies.

  • April 17, 2017

    Cay Clubs Ex-CFO Slams Sentencing Suggestions

    A Florida real estate executive blasted prosecutors’ recommendation of a 93-year prison sentence and millions in restitution and fines for his conviction on bank fraud charges and a tax offense in connection with an alleged $300 million Ponzi scheme, saying Monday that the presentence investigation report disregards the facts, evidence and jury findings.

  • April 17, 2017

    Ex-Atlantic City Pol Gets Prison For Dodging Biz Taxes

    A former Atlantic City, New Jersey, councilman was sentenced Monday in Camden federal court to a split one-year sentence of prison and home confinement for trying to dodge a $119,880 income tax debt stemming from his boardwalk rolling chair business.

  • April 17, 2017

    Whistleblower Can't Get Award For Tax Reporting Change

    A U.S. Tax Court judge on Monday tossed a whistleblower’s pursuit of an award for calling IRS attention to an employer’s noncompliance, agreeing with the government that the taxpayer’s voluntary changes to compliance resulting in higher revenue in subsequent years do not merit compensation.

  • April 17, 2017

    NJ Tax Court Upholds $5M In Rite Aid Property Assessments

    The New Jersey Tax Court has upheld two property assessments of nearly $2.2 million each for a Rite Aid retail pharmacy, finding in a decision released Monday that alternative calculations put forth by Rite Aid's real estate expert failed to pass muster.

  • April 17, 2017

    Shell Unit’s Hunt For $1.4B Award Paused For Nigerian Courts

    A New York federal judge granted a stay Monday to Shell Nigeria Exploration and Production Co. and other entities seeking to confirm a $1.4 billion arbitral award against state-owned Nigerian National Petroleum Corp. until related litigation in Nigeria concludes.

  • April 17, 2017

    Atty Benched In Sex Barter Offer Is Disbarred In US Tax Court

    The U.S. Tax Court on Friday disbarred a lawyer who lost his Arizona license last year after trying to trade legal services for nude pictures and “physical attention” from a would-be client.

  • April 17, 2017

    'Jersey Shore' Star, Brother Plead Not Guilty To Tax Crimes

    “Jersey Shore” star Michael Sorrentino and his brother, Marc Sorrentino, pled not guilty Monday in New Jersey federal court to a broader set of charges accusing them of not paying all of the federal income tax owed on roughly $8.9 million the reality TV personality earned, among other offenses.

  • April 17, 2017

    Ohio, Retailers Reach Deal To End Biz Privilege Tax Fight

    A Virginia-based online retailer will not appeal a split Ohio Supreme Court decision finding it must pay a business-privilege tax for electronic products it sells in Ohio after it and others reached a settlement with the Ohio tax commissioner, the retailers’ counsel told Law360 on Monday.

  • April 17, 2017

    Privacy Group Sues IRS for Trump's Tax Returns

    The Electronic Privacy Information Center sued the IRS on Saturday in a D.C. federal court after the agency declined to release President Donald Trump’s tax returns under a Freedom of Information Act request, arguing that the tax records are needed to shine light on the president’s potential business ties to Russia.

  • April 14, 2017

    Longtime MoFo, Pomerantz Attys Launch Boutique Firm

    Three former BigLaw partners have started a boutique Bay Area firm specializing in tax, intellectual property, white collar and consumer protection law.

  • April 14, 2017

    Ill. Appeals Court Revives Estate Tax Challenge

    An Illinois appeals court Thursday reversed a lower court dismissal of a challenge to an estate tax and the law instituting it, saying Illinois collected over half a million dollars in tax under duress despite the state's arguments it was voluntary.

  • April 14, 2017

    Airlines Lose Tax Assessment Review In Calif. Appeals Court

    A California appellate panel on Friday ruled that United Airlines Inc., Southwest Airlines Inc. and five other airlines won’t be able to skip over local tax equalization boards in challenging their property tax assessments on their commercial aircraft.

Expert Analysis

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • How The IRS Reconstructs Income In Tax Fraud Cases

    Michael DeBlis III

    Anyone who has ever faced off against the U.S. Internal Revenue Service knows that the agency has an array of tools to determine what a taxpayer owes. Deductions, expenditures, bank deposits and other methods may be used to reconstruct a taxpayer's putative income, but certain standards of proof must be met to successfully prosecute a tax evasion case in court, says Michael DeBlis III of DeBlis Law.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • $7B And Unclear Future For New Markets Tax Credits

    James Lang

    The New Markets Tax Credit program was recently awarded another $7 billion for community development entities to use in attracting private capital to projects in low-income areas. While the Trump administration has not yet weighed in on the program, it is noteworthy that the president himself has a history of using tax credits for development purposes, say James Lang and Justin Mayor of Greenberg Traurig LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Challenging The Internal Revenue Code’s Omnibus Clause

    Joseph Martini

    A recent dissent by two judges on the Second Circuit in United States v. Marinello could lead to U.S. Supreme Court scrutiny of the Internal Revenue Code's omnibus clause, which makes it a felony to violate any provision of the code. The time may be right for the high court to tackle this issue, say Joseph Martini and Judd Lindenfeld of Wiggin and Dana LLP.

  • Renewable Energy And Tax Reform

    Michael Andrews

    In the coming months, the debate over reforming the nation’s tax code will intensify, and the renewable energy tax provisions — the production tax credit and the investment tax credit — will be at risk of being either scaled back or eliminated altogether. But regardless of Washington politics, renewable energy deployment will likely continue to rise, say Michael Andrews and Brad Thompson of King & Spalding LLP.