State & Local
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August 23, 2024
Wash. Justices Affirm Convicted Ex-State Auditor Disbarment
The Washington Supreme Court affirmed a recommendation to disbar convicted former state auditor Troy X. Kelley after he was imprisoned on felony theft charges, finding that Kelley's crimes justified the disbarment sanction.
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August 23, 2024
Local Assessors Blast Colo. Property Tax Proposal
A draft bill to reduce property tax increases, to be introduced in Colorado's upcoming special legislative session, would create significant burdens for local administration, a pair of assessors told a legislative property tax commission Friday.
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August 23, 2024
Mich. Appeals Panel Denies Cos.' Bids To Adjust Asset Basis
Two companies may not account for depreciation they didn't receive credit for under Michigan law to increase the basis of assets they sold when determining their state tax liabilities, a state appeals panel said, upholding a trial court.
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August 23, 2024
Colo. Board Wrong In Nixing Fees From Valuation, Court Rules
The Colorado Board of Assessment Appeals improperly applied a state Supreme Court decision that erroneously revived a dispute over whether fees should be included in a resort's property valuation, a state appeals court ruled.
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August 23, 2024
Wis. Agency Upholds $4M Sales Tax Bill On Lease Payments
The Wisconsin Department of Revenue didn't err in finding that a company's lease agreements were taxable as they constituted a sale and lease-back of tangible property, the state Tax Appeals Commission ruled, upholding a nearly $4 million sales tax bill.
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August 23, 2024
NM General Revenues From July Through March Up $421M
New Mexico collected $421 million more in revenue than estimated between July 2023 and March 2024, according to a report by the state's Legislative Finance Committee.
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August 23, 2024
Ariz. Revenue Collection Starts 2025 Up $83M From Forecast
Arizona's total general revenue in July was $83 million higher than forecast, according to a report by the Joint Legislative Budget Committee.
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August 23, 2024
Idaho's July Revenue Collection Down $5M From Estimates
Idaho's general revenue collection at the start of the 2025 fiscal year was $5 million below forecasts, according to a report by the state Division of Financial Management.
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August 23, 2024
DC Eyes Joining IRS Direct File For 2026, Revenue Rep Says
The District of Columbia is considering joining the Internal Revenue Service's free electronic tax filing program, Direct File, in 2026, a representative of the district's tax agency said Friday.
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August 23, 2024
Taxation With Representation: Latham, Wachtell, Paul Weiss
In this week's Taxation With Representation, Arch Resources merges with Consol Energy in a deal worth $5.2 billion, Advanced Micro Devices agrees to purchase ZT Systems for $4.9 billion, and Japanese tobacco company JT Group inks a deal to buy Vector Group for $2.4 billion.
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August 22, 2024
Chevron's Fall Likely To Surface In State Tax Cases, Pro Says
Taxpayers likely will raise the U.S. Supreme Court's overturning of the Chevron deference doctrine in challenges to state tax regulations, but it remains to be seen how effective those arguments will be, an attorney for a multistate business trade organization said Thursday.
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August 22, 2024
StubHub Appeals $8.5M Wis. Sales Tax Assessment
Online ticket marketplace StubHub told the Wisconsin Court of Appeals that a lower court correctly determined it wasn't on the hook for an $8.5 million sales tax assessment because it didn't directly act as a ticket seller.
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August 22, 2024
NY Court Revives Co.'s Back Tax Payment Allocation Claim
The New York Division of Tax Appeals has the jurisdiction to hear a Bronx-based business's protest over how its tax payments were allocated, a state appeals court ruled.
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August 22, 2024
Ill. Exempts Certain Home-Delivered Meals From Taxes
Purchases of certain home-delivered meals for older and lower-income residents are exempt from an array of state taxes, the Illinois Department of Revenue said.
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August 22, 2024
Local Property Tax Exemptions A Must For Solar, Va. AG Says
Localities are required under state statute to provide an exemption for the taxation of property used for solar photovoltaic systems, or systems that use solar panels to create energy, the Virginia attorney general said in an opinion.
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August 22, 2024
NY AG Tells Appeals Court To Uphold $465M Trump Judgment
Donald Trump has barely challenged the extensive proof of financial statement lies undergirding a $465 million civil fraud judgment against him and his co-defendants, New York's attorney general said in an appeals brief looking to preserve the bench verdict.
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August 22, 2024
Mass. Tax Panel OKs $14M In Research Credits For Bank Co.
A Massachusetts bank holding company is entitled to nearly $14 million in research tax credits because state law does not restrict such corporations from receiving the credit, the state Appellate Tax Board said, reversing the state tax department.
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August 22, 2024
Miss. Justices Asked To Uphold Tax On Biz's Fireworks Sales
A Mississippi company's sales of fireworks and Christmas trees weren't yard sales exempt from sales tax as they were held frequently and consistently, the Mississippi Department of Revenue told the state Supreme Court, adding that a lower correctly found that the company's sales are taxable.
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August 22, 2024
Ohio Board Upholds Partial Valuation Of Old Coal Plant
A decommissioned coal plant had two of its parcels properly valued by an Ohio county, but one additional parcel should have its valuation reduced because the structure built on it added no value, the Ohio Board of Tax Appeals ruled.
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August 22, 2024
Ore. Tax Court Won't Allow Expense Shift To Previous Year
An Oregon business owner's attempt to assign advertising costs to a previous tax year was correctly denied, the state's tax court said, while it allowed a partial deduction for expenses related to home offices.
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August 21, 2024
Tech Cos. Duck Proposed Calif. Bill Via News Funding Deal
Major tech companies, including Google, agreed Wednesday to pay roughly $250 million into a fund that proponents say would support newsrooms across California in a deal that avoids a proposed regulation that would've forced Big Tech to pay the state's media organizations for distributing news content.
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August 21, 2024
NJ Caught Nearly 1 Million Fake Property Tax Relief Bids
New Jersey has increased its security measures for a property tax relief program after the state tax agency identified nearly one million fraudulent applications last year, a state Division of Taxation representative said Wednesday.
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August 21, 2024
3 Questions Raised By Harris' Support For 28% Corp. Tax Rate
Vice President Kamala Harris has proposed increasing the corporate tax rate to 28% to boost revenue if she's elected president, but the proposed hike raises questions about changes to the corporate tax base, the future of the OECD's global tax deal and the potential impact on workers.
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August 21, 2024
Nebraska Caps Local Property Tax Increases
Nebraska will cap property tax increases by local jurisdictions and provide $750 million in property tax relief as part of a bill signed by the governor, who said tax reform efforts aren't over yet.
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August 21, 2024
Calif. Will Waive Interest Charged Because Of State Errors
California's Office of Administrative Law approved an amendment to a regulation freeing taxpayers from paying interest if they didn't pay the correct amount of sales or use tax because of an error or delay by a state agency, a state tax agency said.
![This Wednesday, Feb. 7, 2018, photo shows applications on an iPhone clockwise from top left, Target, Amazon, Sephora, JCPenny, Walmart, in New York. Retailers such as Target and Amazon are embracing mobile applications to help consumers save money and time with features like digital wallets and augmented reality.(AP Photo/Jenny Kane)](https://assets.law360news.com/1869000/1869881/0c62408d29f7bd0f81114a81196b96e83dd389d4-nerdwallet_shopping_apps_52682.jpg)
Issues Lurk In Remote Seller, Marketplace Laws, Tax Pro Says
States should consider more harmony in their remote seller and marketplace facilitator laws to address a handful of compliance issues that continue to persist for businesses six years after Wayfair, a tax practitioner said Friday.
![The United States Supreme Court is being seen in Washington, DC, on July 01, 2024. The Supreme Court is ruling on Monday that former President Donald Trump has some immunity from criminal charges for trying to reverse the 2020 election results. (Photo by Aashish Kiphayet/NurPhoto via AP)](https://assets.law360news.com/1869000/1869869/aa3a708e32e4b5252bec82b2e8a89208dcd6a63d-u.s.-supremecourt_trump-immunity_18889.jpg)
Justices Disfavor External Consistency Test, Mass. Atty Says
The U.S. Supreme Court likely will decline to hear a construction company's argument that South Dakota's refusal to apportion use tax on its equipment was unconstitutional, a Massachusetts tax agency attorney predicted Thursday, saying the justices have no appetite for applying the external consistency test anymore.
![Virus Outbreak Statehouse Tensions
Members of the Missouri House gather in the chamber before the beginning of session on Wednesday, Feb. 3, 2021, in Jefferson City, Mo. The House chamber has no mask mandate and has not modified its seating during the coronavirus pandemic. The House canceled all work for a full week in January after a COVID-19 outbreak. (AP Photo/David A. Lieb)](https://assets.law360news.com/1869000/1869858/67fa40a1e7175fc241e67d111dc7f33475fa3bf3-2b59099c822a49b5a8699eaef442a7d6_virus_outbreak_statehouse_tensions_20529_3000x2250.jpg)
FTA To Facilitate Legislative Roundtables Among Tax Admins
The Federation of Tax Administrators is set to facilitate a legislative work group that could foster more collaboration and awareness among state and local tax administrators about legislation circulating nationwide, a Missouri Department of Revenue representative said Wednesday.
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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UN Dives Into Murky Waters Of Taxing Digital Services
The United Nations has its sights set on cross-border services in the digital economy as its framework convention on tax takes shape, but it remains unclear how countries will define that broad and hotly contested topic as they work toward a treaty.
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New Jersey Legislation To Watch: A Midyear Report
New Jersey proposals for a corporate transit tax and mandatory business showdowns during sweltering weather have generated concerns from industry sectors fatigued by rising costs, while the rise of artifical intelligence and corresponding legislation appears to have united those fearing the digital-age hazard of "deepfakes."
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Tax Pros Navigate Chaos, Rewards In Climate Law's 2nd Year
Energy tax attorneys have been knee-deep in project finance deals for the past year since the Inflation Reduction Act of 2022 triggered a flurry of clean energy investments, but the work, they say, has been fulfilling as part of broader efforts to save the environment.
Expert Analysis
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Specific Attacks On A Vague Tax Law: SALT In Review
From legal assaults on California's vague new sales-factor law to Minnesota Gov. Tim Walz's record on tax policy, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Trump's Best Hush Money Appeal Options Still Likely To Fail
The two strongest potential arguments former President Donald Trump could raise in appealing his New York hush money conviction seem promising at first, but precedent strongly suggests they will still ultimately fail — though, of course, Trump's unique position could lead to surprising results, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Going The Extra Miles: SALT In Review
From a dispute about the borders of Florida's airspace to proposals that would exempt tips from taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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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.