State & Local
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August 08, 2024
Dish, DirecTV Say New Laws Show Mo. Fees Never Applied
Two Missouri bills signed into law last month were meant to clarify that streaming and satellite TV services were always exempt from video service provider fees, not change the law to newly exempt the services, Dish and DirecTV told a Missouri court.
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August 08, 2024
No Rebate Estimate For Ore. Biz Tax Measure, Panel Says
An explanatory statement on an Oregon ballot measure to impose a new minimum corporate tax and provide payouts to state residents will not include an estimate of those rebate amounts, a state elections panel said.
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August 08, 2024
Utah Justices Refuse Tax Break For Sports Lab
A Utah sports medicine lab does not use its facilities exclusively for charitable purposes and therefore is not eligible for a property tax exemption, the state Supreme Court said Thursday, upholding a Utah Tax Commission decision.
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August 08, 2024
Ind. Co.'s Out-Of-State Trailer Sale Not Taxable
An Indiana company that sold a trailer to a Florida resident who then registered the trailer in Michigan didn't owe sales tax on the transaction, the Indiana Department of Revenue said.
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August 08, 2024
Nixon Peabody Hires Community Development Counsel In DC
When Steven Feenstra, the newest member of Nixon Peabody LLP's the community development finance practice, visited a client's office some 25 years ago, the photos of the community housing projects the client had helped develop made a lasting impression on him, he told Law360 Pulse in an interview Thursday.
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August 08, 2024
Ind. Company Wrongly Denied Carryover Of Tax Credits
An Indiana company was wrongly assessed additional corporate income tax, the state Department of Revenue said, adding that it had excess tax credits it could use to reduce its 2019 liability.
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August 08, 2024
Ind. Building Co. Can't Get Research Tax Credits, Dept. Says
An Indiana construction company was correctly assessed additional corporate income tax because it failed to establish that it qualified for claimed research expense credits, the state Department of Revenue said.
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August 08, 2024
Ohio Board OKs Valuing Residence At Private Sale Price
An Ohio home was overassessed, the state's tax appeals board said, finding that the property's recent sale was an arm's-length transaction and should be considered when valuing it.
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August 07, 2024
NJ Tax Agency Seeks Required Bids For Transfer Pricing Aide
New Jersey is seeking bids to contract with a transfer pricing specialist because the state's agreement with a prominent economist who helped draft the federal government's transfer pricing rules can't be renewed without a competitive process, a state tax agency representative told Law360 on Wednesday.
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August 07, 2024
Minn. Delays Tax Deadlines For Those Hit By Storms
Minnesota will give people and businesses in 19 counties hit by recent storms and flooding extra time to file and pay their state taxes, the Minnesota Department of Revenue said Wednesday.
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August 07, 2024
Office Buildings Reign Supreme In Terms Of NYC Tax Revenue
According to a Wednesday report from New York state's fiscal watchdog, ongoing woes in the office sector aren't going to punch a hole in the budget for New York City — which can expect to continue to receive an "outsized" proportion of its tax revenue from office buildings.
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August 07, 2024
Tax Holidays Not Cure For Regressive Tax, Think Tank Warns
Sales tax holidays are expensive and do more harm than good, the Institute on Taxation and Economic Policy said, instead advocating for tax policies that provide permanent relief to low- and middle-income taxpayers.
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August 07, 2024
Minn. Justices Affirm Wis. Biz Had Enough Contacts For Tax
A Wisconsin distributor of industrial and packing products had enough contacts with Minnesota to be liable for its corporate franchise tax, the Minnesota Supreme Court ruled Wednesday, affirming a tax court decision.
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August 07, 2024
Tax Court's Economic Substance Foray May Clarify Limits
A U.S. Tax Court judge plans to address an ill-defined provision governing the relevance of the economic substance doctrine in a microcaptive insurance case, offering the courts another chance to clarify an anti-abuse tool the IRS has been deploying more often.
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August 07, 2024
Iowa Revenues In July $128M Higher Than Last Year
Iowa's total receipts for July were $128 million higher than the same month in the previous fiscal year, according to a memo from the state's Department of Management.
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August 07, 2024
Calif. Office Says Partner's Loss Claims Properly Disallowed
A California audiovisual company that is a partner with two other companies cannot claim $853,000 in flow-through partnership losses because the company did not have the basis in the partnerships to be able to claim the losses, the state Office of Tax Appeals ruled.
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August 07, 2024
NH Starts Fiscal Year 2025 $4 Million Over Revenue Estimate
New Hampshire's general fund receipts in July were $4 million higher than budget estimates, according to the state Department of Administrative Services.
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August 07, 2024
Missouri Voters Reject Exemption For Child Care Facilities
Missouri will not allow local governments to exempt child care facilities from property tax after a constitutional amendment was rejected by voters Wednesday.
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August 07, 2024
Logistics Co. CEO Denies Role In NJ Racketeering Scheme
The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.
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August 06, 2024
Calif. Sales By Snowmaking Co. Are Taxable, OTA Says
A company that creates and supplies snow for entertainment companies in California had $1.93 million in taxable sales in 2012 through 2015 despite the company saying the snow was not tangible personal property, the California Office of Tax Appeals ruled.
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August 06, 2024
Wash. Appeals Court Reverses On Gas Chain Owing State Tax
A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business tax when cardholders purchase gas from other participating gas station chains as well as from nonparticipating chains, a state appeals court panel said Tuesday, reversing an earlier opinion.
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August 06, 2024
Calif. Hoteliers Denied Tax Break On Property Sale
The owners of a California hotel were correctly assessed taxes on the gains from sale of a property, the state Office of Tax Appeals said, finding the owners did not demonstrate they qualified for a tax deferral.
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August 06, 2024
Ohio Board Affirms Nix Of Tax Break For Church's Rec Site
A recreation field owned by an Ohio-based church doesn't qualify for a property tax exemption because it wasn't used as a place of worship, the state Board of Tax Appeals affirmed.
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August 06, 2024
Bressler Grows In NJ With New Litigation, Tax Experts
Bressler Amery & Ross PC added longtime experts in tax law, trusts and estates, and commercial litigation in a recent round of expansion in New Jersey announced this week.
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August 06, 2024
Calif. Investor Can't Exclude $15.2M In Gains, OTA Finds
A real estate investor may not exclude about $15.2 million in capital gains from his California tax return for the 2012 tax year, the state Office of Tax Appeals found, siding with the Franchise Tax Board that the income was not subject to double taxation.
Expert Analysis
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E-Discovery Quarterly: Recent Rulings On Text Message Data
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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Kentucky Tax Talk: Budget Focus Cools Tax Reform Efforts
There were some noteworthy tax developments during Kentucky’s legislative session — like the revival of local tax reform and enactment of another tax amnesty program — but major tax initiatives, like those seen in recent years, were largely tabled as legislators focused on establishing the state’s two-year budget, say attorneys at Frost Brown.
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NY Tax Talk: Primary Function Is Key Analysis For Sales Tax
Two sales tax cases recently decided by New York's Appellate Division illustrate why both taxpayers and the state's Department of Revenue subscribe to the primary function test, a logical way to determine whether business transactions are subject to sales tax, say Elizabeth Cha and Jeremy Gove at Eversheds Sutherland.
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Time To Fix NYC's Broken Property Assessment System
A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.
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Strange Notions Bubble Up: SALT In Review
From an assault on North Carolina's phaseout of its corporate income tax to a court ruling on the taxability of sparkling water in Pennsylvania, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Consider 2 Alternative Exit Plans In RE Distress Scenarios
In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.
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SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
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Constitutional Shenanigans And Other Sports: SALT In Review
From a challenge to New York's end run on a federal law to voters' rejection of a sales tax that would aid Kansas City's major league teams, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.