State & Local

  • September 26, 2024

    Ohio Justices Nix Woodland Deduction Rate As Arbitrarily Low

    The Ohio Supreme Court ordered the state's tax commissioner Thursday to recompute the value of a deduction for clearing woodlands that factors into assessments of agricultural properties, agreeing with a group of landowners who argued the figure was set arbitrarily low.

  • September 26, 2024

    Calif. Revives Tax Breaks For Manufacture Property

    California reinstated a capital investment incentive program that allows local governments to offer partial property tax abatements for qualified manufacturing facilities and expanded the program to include qualifying projects that make lower initial investments under a bill signed by Democratic Gov. Gavin Newsom.

  • September 26, 2024

    Pa. Justices Reject New Tax Hearing For Charter School

    The Pennsylvania Commonwealth Court erred in sending a charter school's retroactive property tax appeal back to a county board, because the charter school had failed to exhaust statutory remedies, the state Supreme Court ruled Thursday.

  • September 26, 2024

    NJ Atty Rips AG For 'Grossly Distorted' Power Broker Case

    A New Jersey attorney charged in the state's sweeping indictment against power broker George E. Norcross III accused the Attorney General's Office on Thursday of "attempting to criminalize the routine practice of law" with its charges against him.

  • September 26, 2024

    Ind. Tax Dept. Abates Beverage Co.'s Late Filing Penalty

    A penalty assessed to an Indiana beverage company for a late corporate income tax filing will be abated, as the delay wasn't due to willful neglect, the Department of State Revenue said in a letter of finding.

  • September 26, 2024

    Ind. Couple Wrongly Denied Credit For Ky. Local Income Tax

    An Indiana couple was wrongly denied an income tax credit for local income tax paid by one spouse while working in Kentucky, but the couple will continue to owe additional tax, the Indiana Department of State Revenue said in a letter of finding.

  • September 26, 2024

    NY Appeals Court Casts Doubt On $489M Trump Judgment

    Judges on a New York state appeals court expressed skepticism Thursday of a $489 million civil fraud judgment against Donald Trump, his sons, companies and their executives, raising the prospect that the fine awarded to the attorney general could be reduced or vacated.

  • September 26, 2024

    Ind. S Corp. Not Subject To County Income Tax, Dept. Says

    An Indiana S corporation was wrongly assessed county income tax on distributions to its lone, out-of-state shareholder, the Department of State Revenue said, because that shareholder was not employed in the state.

  • September 25, 2024

    Pa. Panel Says Misspellings Don't Sink Service Of Tax Notice

    The misspelling of a landowner's name on a notice of an impending tax sale did not prevent the owner from understanding their property would be auctioned off to cover unpaid taxes, a Pennsylvania appellate court ruled Wednesday.

  • September 25, 2024

    Remote Sales Tax Compliance Burdens Small Biz, Senate Told

    The 2018 Wayfair decision has burdened small businesses with significant compliance costs to collect and remit taxes in thousands of jurisdictions across the U.S., state tax experts told a U.S. Senate subcommittee Wednesday.

  • September 25, 2024

    IBM Urges Justices To Review NY Tax On Foreign Royalties

    New York's system for taxing royalty payments would be unconstitutional if every other jurisdiction adopted it, violating an internal consistency test reaffirmed by a 2015 precedent, IBM told the U.S. Supreme Court in asking it to review and overturn New York's high court ruling that allowed the tax regime.

  • September 25, 2024

    Colo. Panel OKs Expanding Sales Tax License Search Engine

    Colorado would expand its online search function for sales and use tax licenses and exemption certificates to allow searches by a retailer's name and federal identification number under draft legislation approved by a legislative task force Wednesday.

  • September 25, 2024

    Colo. Sales Tax Panel OKs More Confidentiality In Audits

    Third-party sales tax audits performed on behalf of local jurisdictions in Colorado would face increased confidentiality standards under draft legislation approved Wednesday by a legislative panel.

  • September 25, 2024

    Dept. Asks Mich. Justices To Tackle Unitary Tax Case

    The Michigan Supreme Court should review an appellate court decision that found that insurance companies that are part of Nationwide should file their taxes as a unitary group because the case poses a significant public impact, the state Treasury Department said.

  • September 25, 2024

    Texas Court Denies District's Attempt To Boost Valuations

    A Texas trial court didn't err in throwing out a counterclaim brought by a local appraisal district to increase the assessed values of two multifamily properties, a state appeals court ruled Wednesday.

  • September 25, 2024

    NJ Bill Would Hike Threshold For Tax On Property Transfers

    New Jersey would raise the threshold for the imposition of a controlling interest transfer tax or an additional fee on transfers of various kinds of real property under a bill introduced in the state Assembly.

  • September 25, 2024

    Wyden Calls On 2025 Tax Bill To Include Partnership Reform

    Lawmakers should consider next year how to revise partnership tax laws to better collect on large businesses' income without harming smaller entities as Congress debates over how to address expiring tax provisions, Senate Finance Committee Chairman Ron Wyden said Wednesday.

  • September 25, 2024

    Puerto Rico Seeking Input On Implementing Global Min. Tax

    Puerto Rico's Department of the Treasury is looking for public comments regarding possible implementation of the Organization for Economic Cooperation and Development's 15% global corporate minimum tax on large multinational entities.

  • September 24, 2024

    Mo. Cannabis Shop Asks Appeals Court To Scrap County Tax

    A Missouri appeals court should overturn a lower court's ruling that the state's constitution allowed a county to impose a cannabis tax on businesses that are also charged city taxes within its boundaries, a cannabis company told the court.

  • September 24, 2024

    Microsoft Fights Mich. Tax Treatment Of Cost Share Payments

    Microsoft urged the Michigan Tax Tribunal to find that cost sharing agreement receipts from affiliates constituted licenses of intellectual property that should be included in its apportionment formula, arguing that the state's tax agency incorrectly followed federal transfer pricing rules in excluding the payments from its tax calculations.

  • September 24, 2024

    Mont. Regs Carry Out Individual Income Tax Changes

    Montana has adopted regulations to implement legislation enacted in 2021 and 2023 that made substantive changes to the state's individual income tax under regulatory updates adopted by the state Department of Revenue, according to a notice published in the state register.

  • September 24, 2024

    Ohio Dept. Floats Sales Tax Regs To Define Transient Guests

    Ohio would define "sleeping accommodation" and "transient guests" to carry out provisions of state sales tax law governing transactions between hotels and guests as part of regulations proposed by the state Department of Taxation.

  • September 24, 2024

    NY Marina Owes Sales Tax On Floating Docks Purchases

    A New York marina owes sales tax on its purchases of floating docks because the docks do not qualify as the installation of a capital improvement, the state Department of Taxation and Finance said in a ruling released Tuesday.

  • September 24, 2024

    Propane Sales To NY Home Not Taxed, Tax Dept. Says

    A New York homeowner who orders propane to heat a detached garage isn't required to pay state sales tax on the transaction, the state Department of Taxation and Finance said in an opinion released Tuesday.

  • September 24, 2024

    Calif. Authorizes Sending Sales Tax Notices Electronically

    California authorized the state Department of Tax and Fee Administration to send electronic notices for sales and use tax assessments and determinations regarding various other taxes and fees as part of a bill signed by Gov. Gavin Newsom.

Expert Analysis

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Ohio Tax Talk: The Legislative Push For Property Tax Relief

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    As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

  • Looking South With A Smile: SALT In Review

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    From Mississippi's long walk toward repealing its personal income tax to a welcome stroke for open government in Kentucky, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Tax Assessment: Recapping Georgia's Legislative Session

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    Jonathan Feldman and Alla Raykin at Eversheds Sutherland examine tax-related changes from Georgia’s General Assembly — such as the governor’s successful push to accelerate income tax cuts — and suggest steps to take before certain tax incentives are challenged in the state's next legislative session.

  • Geothermal Energy Has Growing Potential In The US

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    Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.

  • Bad Ideas That Won't Go Away: SALT In Review

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    From California's latest move toward a digital ad tax to Kansas' proposed tax credits for film production, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Trump Hush Money Case Offers Master Class In Trial Strategy

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    The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

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