State & Local
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July 16, 2024
Va. Tax Head Nixes Assessment On Man For Work In India
A Virginia man was wrongly assessed income tax for services he conducted while living in India, the state's tax commissioner said in a letter ruling published Tuesday.
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July 16, 2024
Capital One Says Lack Of Fla. Ties Warrants Tax Refund
The Florida Department of Revenue should issue Capital One Bank a refund of bank franchise tax because the company did not have a sufficient connection to the state to be assessed the tax, the bank told a state court.
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July 16, 2024
Pa. Court Upholds $23M Value Of Vacant Hospital's Parking
A vacant hospital's parking area in Pennsylvania was properly valued at $23.2 million, the state Commonwealth Court ruled, finding that a trial court had the discretion to apply the sales comparison approach to the valuation.
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July 16, 2024
County Says Pittsburgh Schools Can't Force Reassessment
As one taxing body out of many in Allegheny County, Pennsylvania, the School District of Pittsburgh lacks standing in its lawsuit seeking to force a countywide reassessment of property values, the county said in its preliminary objections to the suit.
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July 16, 2024
Calif. Extends Tax Board's Power To Send Electronic Notices
The California Franchise Tax Board will continue to be allowed to notify taxpayers electronically when statements, bills and other communications are available for online viewing under a bill signed by Gov. Gavin Newsom.
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July 16, 2024
RI Man Must Amend State Tax Return After EITC Rejected
A Rhode Island man was required to file an amended state income tax return after the Internal Revenue Service disallowed his federal earned income tax credit, the state Division of Taxation ruled.
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July 16, 2024
Energy Co. Fights Partnership Losses Denial In NJ Tax Court
An energy company told the New Jersey Tax Court that the state's denial of partnership losses stemming from its interest in a solar energy business was unconstitutional based on precedent outlining the apportionment rules for operational losses between nonunitary entities.
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July 16, 2024
SD General Fund Receipts In 2024 Up $24M From Estimates
South Dakota's general fund receipts in the 2024 fiscal year were roughly $24 million higher than budget estimates, according to the state Bureau of Finance and Management.
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July 16, 2024
Ill. Revenue Surpasses Budget Estimate By $124M
Illinois' total general fund revenue in the 2024 fiscal year outperformed a forecast by $124 million, the state Office of Management and Budget reported.
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July 16, 2024
Rising Star: Skadden's Melinda Gammello
Melinda Gammello of Skadden Arps Slate Meagher & Flom LLP has advised numerous clients before the U.S. Tax Court and elsewhere on complex tax matters, including transfer pricing issues and the treatment of financial transactions within a company, earning her a spot among the tax law practitioners under 40 honored by Law360 as Rising Stars.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 16, 2024
Ind. General Fund Revenue $15M Under Forecast
Indiana's general fund revenue in the 2024 fiscal year totaled $15 million less than a budget forecast, according to the State Budget Agency.
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July 16, 2024
3 Tax Reg Groups That May Be Shaky After High Court Rulings
The U.S. Supreme Court issued two rulings that, when combined, open up long-standing federal regulations to challenges without judicial deference to agencies — a pairing that could weaken several categories of tax rules, including guidance issued under the 2017 federal overhaul. Here, Law360 looks at three batches of tax regulations that may be vulnerable in the aftermath of the high court's decisions.
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July 15, 2024
NRA's Policies Called 'Dumpster Fire' As 2nd NY Trial Opens
The New York attorney general cast the National Rifle Association as unrepentant and unreformed as a second-phase bench trial began in state court Monday, after a jury had found the group and its ex-officers liable for misspending millions.
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July 15, 2024
CarMax Distorted SC Activity To Lower Taxes, Judge Says
CarMax Auto Superstores Inc. used intercompany transactions to distort an entity's business activity and thus its tax burden in South Carolina, an administrative law judge ruled, finding the company should have used an alternative apportionment method to properly calculate income.
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July 15, 2024
Tax, Biz Groups Ask MTC To Toss Draft Truck Sourcing Rule
The Multistate State Tax Commission should scrap or pause its attempt to create an alternative to the current mileage-based sourcing rule for trucking receipts, a tax group and others said during a meeting of an MTC work group Monday.
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July 15, 2024
Pa. Extends Tax Breaks To Longtime Pittsburgh Homeowners
Pennsylvania will expand a property tax relief program to allow longtime homeowners in Pittsburgh to claim tax breaks related to rising real estate taxes under a bill signed by Democratic Gov. Josh Shapiro.
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July 15, 2024
Pa. Property Owner's Tax Appeal Meritless, Court Says
A Philadelphia property owner properly had its appeal of a tax assessment dismissed by a trial court because its complaints were meritless, the Pennsylvania Commonwealth Court affirmed.
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July 15, 2024
IBM Taps Jones Day To Take NY Royalty Tax Fight To Justices
IBM asked the U.S. Supreme Court for more time to submit a petition for review of a New York high court decision that upheld tax on royalties received from foreign affiliates, saying it recently retained Jones Day to handle the case.
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July 15, 2024
Akerman Brings On Chamberlain Hrdlicka Tax Pros In Atlanta
Akerman LLP announced Monday that it picked up a pair of new partners for its tax practice group in Atlanta who were previously with Chamberlain Hrdlicka White Williams & Aughtry.
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July 15, 2024
W.Va. Income Tax Phaseout Triggered By Revenue
West Virginia will continue phasing out the state's income tax after the state met the tax cut revenue triggers, Gov. Jim Justice announced.
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July 15, 2024
Neb. Receipts Trail Estimate By $11M For Fiscal 2024
Nebraska's net general fund receipts for the 2024 fiscal year came in $11 million below a budget projection, the state Department of Revenue said Monday.
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July 15, 2024
Rising Star: Davis Polk's Dominic Foulkes
Dominic Foulkes of Davis Polk & Wardwell LLP has advised companies on several multibillion-dollar transactions, including a technology-maker's $4.9 billion initial public offering, the largest in the United States in the last three years, earning him a spot among the tax law practitioners under age 40 honored by Law360 as Rising Stars.
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July 15, 2024
Pa. Lawmakers OK EV Fee, End Of Tax On At-Home Charging
Pennsylvania would impose an annual fee on electric vehicles and plug-in hybrid electric vehicles and eliminate a tax on electricity used to charge vehicles at private residences under a bill passed by state lawmakers and sent to Democratic Gov. Josh Shapiro for consideration.
Top State & Local Tax Cases To Watch In 2024's 2nd Half
From a potential U.S. Supreme Court weigh-in on a Philadelphia resident's wage tax claim to cases addressing the scope of taxable information services and whether unapportioned use tax is constitutional, the second half of 2024 promises to pore over state and local tax law. Here, Law360 examines cases to watch in the rest of the year.
Paychex Says NY Apportionment Reg Conflicts With Tax Law
Paychex asked a New York state court Friday to invalidate a state regulation that requires professional employer organizations to exclude certain expense reimbursements from their apportionable income, arguing the rule illegally narrows state law's meaning of business receipts.
Pennsylvania Will Increase NOL Cap, Clarify Bank Shares Tax
Pennsylvania will increase its cap on net operating losses, clarify goodwill exclusions from bank shares tax, make a technical change impacting affiliated entities and create new income tax deductions under a tax omnibus bill passed in a budget signed by Democratic Gov. Josh Shapiro.
Editor's Pick
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Law360 Revenue Report Map Tracks Health Of State Coffers
As state coffers fluctuate because of federal pandemic aid drying up, demographics shifting and remote work becoming commonplace, Law360 Tax Authority is providing up-to-date coverage on state tax revenue with the launch of its Revenue Report Map.
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Nev. Sales Tax Revenue In Jan. Rises $23.8M From Last Year
Nevada brought in $23.8 million more in sales tax revenue in January than in the same month last year, the state Department of Taxation said in a monthly report.
Featured Stories
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3 Tax Reg Groups That May Be Shaky After High Court Rulings
The U.S. Supreme Court issued two rulings that, when combined, open up long-standing federal regulations to challenges without judicial deference to agencies — a pairing that could weaken several categories of tax rules, including guidance issued under the 2017 federal overhaul. Here, Law360 looks at three batches of tax regulations that may be vulnerable in the aftermath of the high court's decisions.
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Top State & Local Tax Cases To Watch In 2024's 2nd Half
From a potential U.S. Supreme Court weigh-in on a Philadelphia resident's wage tax claim to cases addressing the scope of taxable information services and whether unapportioned use tax is constitutional, the second half of 2024 promises to pore over state and local tax law. Here, Law360 examines cases to watch in the rest of the year.
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Calif. Health Players Back Managed Care Tax Amid Uncertainty
A ballot measure backed by some of the biggest healthcare players in California is designed to protect billions of dollars in revenue for the state's Medicaid program. Its impact may hinge on persuading more doctors to serve low-income patients.
Expert Analysis
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Reading Between The Lines Of Justices' Moore Ruling
The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Another Crack In The Shield: SALT In Review
From the latest assault on a federal shield against taxing out-of-state businesses to an update on beer taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Less Power To The People: SALT In Review
Starting with a measure that won't appear on the California ballot in November, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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6 Tips For Maximizing After-Tax Returns In Private M&A Deals
With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.