State & Local
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August 02, 2024
Ex-Loeb Tax Atty Latest Addition To Kilpatrick's NY Team
A former Loeb & Loeb LLP attorney is bringing his experience in U.S. federal tax matters and real estate transactions to Kilpatrick Townsend & Stockton LLP, the firm announced Thursday.
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August 02, 2024
W.Va. July Revenue $2M Below Estimates
July, the first month of West Virginia's fiscal year, brought in $328.2 million in general revenue collection, falling below estimates, the governor said.
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August 02, 2024
Ore. Tax Court OKs Tax Deduction For Travel To Alaska
An Oregon couple who operate a fishing business in Alaska are allowed to claim a deduction for travel expenses, the Oregon Tax Court said, reversing the Oregon Department of Revenue's determination.
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August 02, 2024
Ohio Board Finds Park's Oil, Gas Production Area Tax Exempt
Space at a park in Ohio that is leased to a private entity to produce oil and gas is entitled to a property tax exemption, the state Board of Tax Appeals ruled Friday, saying the lessee's operations were incidental to the park's public purpose.
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August 02, 2024
La. Outlines Rules For 2nd Amendment Tax Holiday In Sept.
The Louisiana Department of Revenue issued a bulletin outlining the types of hunting supplies and firearms that will be exempt from sales tax and use tax during three days in September.
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August 02, 2024
Texas General Revenues Through July Higher Than Last Year
Texas brought in slightly more in general revenue through July than it did during the same period in the last fiscal year, the state comptroller's office said.
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August 02, 2024
Taxation With Representation: Sullivan, Dechert, Kirkland
In this week's Taxation With Representation, BNP Parabis SA acquires an investment management subsidiary for €5.1 billion, Cleveland accounting firm CBIZ merges with competitor Marcum for $2.3 billion, and Arcosa Inc. inks a deal with a family-owned construction materials business for $1.2 billion.
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August 01, 2024
MTC Deputy Executive Director To Depart For New Role
The Multistate Tax Commission's deputy executive director will be leaving the intergovernmental organization this month to take a position at the Federation of Tax Administrators, the head of the MTC announced Thursday.
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August 01, 2024
Navistar Appeals $2.7M Ohio Receipts Tax Assessment
Navistar on Thursday appealed the Ohio tax commissioner's $2.7 million commercial activity tax assessment, telling the state Board of Tax Appeals that it was wrongly taxed on items sold at a reduced price, cash deposits and replacement parts.
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August 01, 2024
Chipotle Bundled 'Service Fee' With Tax To Hide It, Suit Says
Chipotle customers filed a proposed false advertising class action in California federal court Wednesday accusing the fast-casual Mexican chain of tacking on secret "eye-popping service fees" bundled with a "tax" for online delivery orders at the end of the checkout process that purportedly ends up in Chipotle's own coffers.
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August 01, 2024
Direct File Will Be Available In New Mexico, IRS Announces
New Mexico will participate in the Internal Revenue Service's free electronic tax return filing program known as Direct File in the 2025 tax filing season, the agency and the U.S. Department of the Treasury announced Thursday.
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August 01, 2024
Biz Group Seeks Changes To Ore. Corp. Tax Ballot Measure
The explanatory statement for an Oregon ballot measure to impose a new minimum corporate tax and fund rebates to all individuals in the state must include additional information about its financial impact, a business group told an elections panel.
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August 01, 2024
Key State, Local Tax Takeaways From July
From Disney joining IBM's fight to have the U.S. Supreme Court review a New York high court decision that upheld tax on royalties received from foreign affiliates to developments on the taxation of digital products, July was another busy month in state and local tax. Here, Law360 presents key SALT developments to know from the past month.
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August 01, 2024
Alaska Extends Tax Break To Independent Power Producers
Alaska extended its broad tax exemption for public utilities to independent power facilities in a bid to encourage new energy development as part of a bill signed by the governor.
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August 01, 2024
Mass. Panel Upholds Tax On NH Resident During Pandemic
The Massachusetts revenue commissioner was correct to deny an abatement of state taxes for a New Hampshire resident based in a Massachusetts office who worked at home during the COVID-19 pandemic, a state panel said.
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August 01, 2024
Idaho Revenue In Fiscal 2024 Up $53M From Forecasts
Idaho's revenue collection in the 2024 fiscal year was $53 million higher than predicted, according to the state Division of Financial Management.
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August 01, 2024
Mo. Video Service Fee Exemptions Not Retroactive, Cities Say
A new law that exempts streaming and satellite television services from video service provider fees does not render moot a group of cities' claim for back taxes from Netflix, Hulu, DirectTV and Dish, the cities told a Missouri circuit court.
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July 31, 2024
'Tax Avoidance' Fuels Global Reporting Pushback, Pro Says
A lobbying effort from multinational corporations to dissuade states from adopting mandatory worldwide combined reporting aims to keep billions of dollars in profits that were shifted into tax-friendly jurisdictions beyond the reach of tax administrators, a retired researcher from a progressive think tank said Wednesday.
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July 31, 2024
Humana Appeals Fla. Tax On Gain From Failed Aetna Merger
Humana challenged Florida's bid to tax a portion of an $850 million merger termination fee it received from Aetna after a proposed merger ended after a court blocked it, arguing that the capital gain was nonbusiness income that wasn't apportioned to Florida.
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July 31, 2024
Wash. Court To Rethink Gas Chain's Tax Duty On Fuel Cards
A Washington state appeals court said it would reconsider its May decision that a Pacific Northwest gas station chain that issued fuel cards to customers must pay the state business and occupation tax when holders of those cards purchase gas from other participating gas station chains.
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July 31, 2024
Neb. Panel Considers Ending Income, Property Taxes
Nebraska would eliminate its income, corporate income and property taxes and fund the government with a consumption tax as part of a bill debated Wednesday.
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July 31, 2024
Minn. Tax Court Agrees Parking Lot's Value Is $4M, Not $10M
A Minneapolis parking lot would be best valued as a buy-and-hold investment property and thus its assessed value should be lowered from $10.3 million to $3.9 million, the Minnesota Tax Court said.
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July 31, 2024
Minn. Shopping Center's $97M Value Upheld By State Justices
A Minnesota shopping center was correctly valued for tax purposes at nearly $97 million, the state Supreme Court said Wednesday, rejecting the property owner's argument that the valuation should consider a calculation of effective rent instead of market rent.
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July 31, 2024
Ex-Chicago Alderman Should Serve Full Supervision, Feds Say
A former Chicago alderman and attorney convicted of tax crimes should not be allowed an early reprieve from his court-ordered supervision because it has become his main form of punishment following his compassionate release from prison, the government has told an Illinois federal court.
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July 31, 2024
Ohio Tax Board Says Two McDonald's Properties Overvalued
Two Ohio McDonald's restaurants were overvalued by the Lorain County Board of Revision, the state tax appeals board ruled, agreeing with the company's appraisal taking into consideration comparable properties.
Expert Analysis
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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.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.