• March 7, 2017

    Water Agency Can’t Revive Challenge To Tribal-Land Tax Rule

    The Ninth Circuit held Tuesday that a California water agency was not injured by a federal regulation it argued might keep it from collecting certain taxes and fees from non-Indians who lease reservation lands, affirming the toss of the agency’s challenge.

  • March 7, 2017

    Couples Lose Bid For Fees In Ky. Clerk Marriage License Row

    A Kentucky magistrate judge on Monday recommended that the four couples who had sued a court clerk over her refusal to grant all marriage licenses in protest of same-sex marriage shouldn’t get attorneys fees because they didn’t actually win their case.

  • March 7, 2017

    SD Sales Tax Law Edges Closer To Hearing In Top Court

    A South Dakota law imposing sales taxes on certain out-of-state retailers inched closer to the Supreme Court on Tuesday when a state circuit court tossed a lawsuit to compel online retailers to pay the tax, finding the suit fails as a matter of law.

  • March 7, 2017

    Pa. Auditor Says Marijuana Can Help Close Budget Shortfall

    Pennsylvania's auditor general called for the full legalization, and taxation, of marijuana Monday as a way to tackle the state's projected $3 billion budget shortfall and to address the social and fiscal costs of policing the drug and pursuing criminal charges against users.

  • March 7, 2017

    Ex-Congressman's Son Says Leaks Tanked His Defense Fund

    The son of ex-U.S. Rep. Chaka Fattah told the Third Circuit during oral arguments on Tuesday that information leaked to a newspaper about a federal investigation that ended with his conviction on bank fraud charges left him jobless and unable to afford counsel to defend him at trial.

  • March 7, 2017

    Truck Dealer Asks 6th Circ. To Revive $4M Tax Refund Suit

    A truck dealer asked the Sixth Circuit on Monday to revive its $4 million lawsuit against the federal government over excise tax reimbursements, arguing that it does not need customers' written consent to sue for refunds the IRS had denied related to the sale of certain types of dump trucks.

  • March 6, 2017

    Battle Lines Drawn As ACA Repeal Bill Unveiled

    House Republicans late Monday unveiled long-awaited legislation to repeal and replace the Affordable Care Act’s core features, immediately igniting a fiery war of words.

  • March 6, 2017

    London Stock Exchange Group Risks Facing 'Google Tax'

    London Stock Exchange Group PLC has been forced to make an accounting provision of £4.5 million ($5.5 million) due to “uncertain tax positions,” according to its 2016 annual report released Friday.

  • March 6, 2017

    Jury Finds Cay Clubs Ex-CFO Guilty Of Bank Fraud

    A federal jury has found a Florida real estate executive guilty of bank fraud and a tax offense in connection with an alleged $300 million Ponzi scheme run out of the purported luxury resort development company Cay Clubs Resorts and Marinas.

  • March 6, 2017

    De Kooning Estate Battles $92M Tax Bill Over His Artwork

    Lisa de Kooning’s estate has taken the IRS to court over a $92 million tax bill covering the estate’s interest in a vast collection of artwork from her father Willem de Kooning, the famous Dutch-American abstract expressionist whose "Interchange" is said to be the most expensive painting ever sold, according to court filings made public on Monday.

  • March 6, 2017

    Georgia House Passes 5.4% Flat Tax On Income

    The Georgia House of Representatives has passed a bill that would create a flat income tax at 5.4 percent to replace the graduated tax of 1.0 to 6.0 percent, a measure similar to one passed by the state Senate last spring.

  • March 6, 2017

    Ga. Supreme Court Rules Against LNG Biz In Tax Row

    Georgia's revenue department did not violate a legal duty in refusing to accept certain property tax returns of a liquefied natural gas facility operator as the company is not a public utility under the state tax code, Georgia's high court ruled Monday.

  • March 6, 2017

    DC Firm Sues IRS For Access To Rulemaking-Related Docs

    A D.C.-based government watchdog group seeking to subject the Internal Revenue Service to greater oversight while promulgating regulations sued the agency on Friday in an effort to obtain documents that could explain exemptions that the IRS enjoys in contrast with other federal agencies.

  • March 6, 2017

    ABB Unit Fighting IRS' $75M Transfer-Pricing Adjustment

    Electrical components maker Thomas & Betts Corp., a unit of Swiss multinational group ABB Group, has challenged the IRS’ decision to increase its taxable income for the years 2009 to 2012 by $75 million, disputing a series of adjustments the agency made to the price of transactions with a Puerto Rican subsidiary.

  • March 6, 2017

    Shell Unit Seeks Pause In $1.4B Nigerian Contract Award Row

    Shell Nigeria Exploration and Production Co. Ltd. asked a New York federal court Friday to pause proceedings to confirm an almost $1.42 billion arbitral award against state-owned Nigerian National Petroleum Corp., pending a Nigerian court's ruling in a related dispute over oil allocation and tax documents under a production sharing contract.

  • March 6, 2017

    Arkansas Supreme Court Halts Tax Election

    The Arkansas Supreme Court has blocked a county's special election for a bond issuance and sales tax meant to raise money for a new courthouse, finding state law prohibits the county from raising money for the project from residents outside of the proposed court's district.

  • March 6, 2017

    Feds Lack Proof To Back $230M Tax Fraud Suit, Prevezon Says

    Cypriot holding company Prevezon, which is accused of engaging in an elaborate $230 million Russian tax fraud scheme, urged a New York federal judge on Friday to throw out the U.S. government’s case against it, saying the government lacks evidence to prove its money laundering claims.

  • March 6, 2017

    CSX Seeks $12M Employee Tax Refund From IRS

    The Internal Revenue Service owes CSX Corp. about $12 million after the company purportedly overpaid taxes tied to stock-based employee compensation under the Railroad Retirement Tax Act, according to a refund suit filed in a Florida federal court.

  • March 3, 2017

    Office Depot Can't Advance Del. Unclaimed Property Law Suit

    A Delaware federal judge on Friday tossed an action brought by Office Depot and an issuer of stored value gift cards against the Delaware secretary of finance over a law that allows the state to seize unclaimed property, saying the suit cannot plausibly allege federal preemption.

  • March 3, 2017

    Wyo. Enacts Law To Collect Sales Tax From Remote Sellers

    Wyoming Gov. Matt Mead has signed a bill forcing out-of-state vendors to remit sales tax, in direct defiance of decades-old U.S. Supreme Court precedent that limits states’ ability to collect sales and use taxes from out-of-state sellers.

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Art Market Tax Probes Make Domestic Freeports Appealing

    Desiree Moore

    As home to high art auction prices and hefty sales and use taxes, New York City has seen its share of art-related tax fraud. Now, as law enforcement scrutinizes tax compliance in the art world, collectors may wish to avoid New York sales taxes legally, by shipping their purchases to a domestic freeport, say Desiree Moore and Blaise Niosi of K&L Gates LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • In Congress: More Confirmation Hearings

    Richard Hertling

    Democrats will have a difficult time actually defeating any of President-elect Trump's cabinet nominations because of a change they made to the Senate rules to end the filibuster for executive branch nominations. Their goal is not really to defeat the nominees but to draw stark differences early on in the new administration, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • New Guidance On Safe Harbor For Information Return Errors

    Michael Chittenden

    On Jan. 4, 2017, the IRS released Notice 2017-09, providing guidance on the de minimis safe harbor for errors in amounts reported on information returns. The notice sheds significant light on the safe harbor, which was enacted by the PATH Act of 2015. But it raises compliance concerns for small payors and for payees receiving intermittent payments, says Michael Chittenden of Miller & Chevalier.

  • The Outlook For The Pharmaceutical Industry Under Trump

    Mark P. Goodman

    Change is coming to the health care and pharmaceutical industries under Trump's administration, presenting both benefits and challenges. Conventional wisdom says that Trump's administration will permit greater flexibility in drug pricing, but Trump has expressed support for competition in the marketplace, which could lower the price of some drugs, say attorneys from Debevoise & Plimpton LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.