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
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
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
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.
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August 06, 2024
Calif. Biz Not Entitled To Cost Of Goods Deduction, OTA Says
A California construction business is not entitled to an income tax deduction for the cost of goods sold, the state Office of Tax Appeals ruled.
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August 06, 2024
Mont. July Revenue Collection Up $5M From Last Year
Montana's general revenue collection for July outpaced last year's total by $5 million, the state Department of Revenue said Tuesday.
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August 06, 2024
Mass. Revenue Collection In July Trails Last Year By $18M
Massachusetts' revenue collection in July was down $18 million from July 2023, the state Department of Revenue said.
NJ Tax Agency Seeks Required Bids For Transfer Pricing Aide
Minn. Justices Affirm Wis. Biz Had Enough Contacts For Tax
Wash. Appeals Court Reverses On Gas Chain Owing State Tax
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.
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.
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.
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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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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The Tax Angle: TCJA Prep, IRS Phone Problems
From a look at Democrats' preparation to rewrite the 2017 GOP tax law to the Internal Revenue Service's continuing problems with providing customer service to tax professionals, here's a peek into a reporter's notebook on a few of the week's developing tax stories.
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State & Local Tax Policy To Watch In The 2nd Half Of 2024
From a pending ballot measure in Oregon to raise taxes on large businesses to a special session in Nebraska focusing on sales and property taxes, some states could experience significant shifts to their tax systems in the second half of 2024. Here, Law360 examines policies to monitor during the rest of the year.
Expert Analysis
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits
A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Shake-Ups For Courts In Different Fields: SALT In Review
From the end of Chevron deference in the courts to the planned sale of the NBA's reigning champion, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Kentucky Tax Talk: Appeals Court Revisits Leases' Tax Effects
With better facts and greater emphasis on the Kentucky Constitution, Walgreen Co. may succeed in its latest Kentucky Court of Appeals challenge to a tax assessor's method of valuing leaseholds on real property for purposes of determining ad valorem tax, say Mark Sommer and Elizabeth Ethington at Frost Brown Todd.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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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.