State & Local
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July 12, 2024
Ky. General Revenue In Fiscal Year Tops Estimate By $17M
Kentucky's general revenue collection from July 2023 through June beat budget estimates by $17 million, according to a monthly report from the Office of State Budget Director.
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July 12, 2024
NH General Revenue Beats Fiscal Year Projections By $147M
New Hampshire's general fund receipts through the 2024 fiscal year were $147 million higher than budget estimates, according to the state Department of Administrative Services.
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July 12, 2024
Ohio Warehouse Sale Too Old To Boost Value, Tax Panel Says
A county board in Ohio was wrong to rely on the $27 million sale price of a warehouse property to raise its tax valuation because that sale occurred more than two years before the applicable tax lien date, the state Board of Tax Appeals ruled.
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July 12, 2024
Ga. General Fund Receipts Through Fiscal Year Down $182M
Georgia's general fund receipts at the end of the 2024 fiscal year decreased $182 million from 2023, the state's Department of Revenue reported Friday.
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July 12, 2024
European Tax Policy To Watch In The Second Half Of 2024
Observers of European Union tax policy expect the EU to devote more attention to problems with existing tax legislation in the coming months as the introduction of major policy proposals takes a pause. Specialists also will be watching for progress on EU tax laws that remain stuck, and the bloc is likely to fill roles including tax commissioner. Here, Law360 examines key tax issues to watch for the remaining six months of the year.
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July 12, 2024
Taxation With Representation: Ropes & Gray, Cravath, Latham
In this Week's Taxation with Representation, Paramount Global merges with Skydance Media, Devon Energy acquires Grayson Mill Energy's Williston Basin oil and gas business, Ryan acquires Altus Group Ltd.'s property tax business, and Bain Capital buys Envestnet Inc.
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July 11, 2024
Fire Fee Reversal Risks 'Chaos' For Cities, Detroit Says
The city of Detroit urged Michigan Supreme Court justices to leave in place a decision that said its fire inspection fees are not a disguised unlawful tax because reversing it could send municipalities into "chaos" over their permit and license fee practices.
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July 11, 2024
Accounting Firm Contests Blame For Client's $2M Tax Bill
An accounting firm maintains it had no duty to inform an online flower bulb retailer about a major change in tax law stemming from the U.S. Supreme Court's 2018 Wayfair decision, telling the North Carolina Business Court that advising on such topics wasn't within the scope of its duties.
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July 11, 2024
Pa. Lawmakers OK Pittsburgh Homeowner Tax Break Program
Pennsylvania would authorize Pittsburgh to adopt a property tax relief program that would let longtime homeowners claim tax breaks related to rising real estate taxes under a bill that narrowly passed the state House and next goes to Democratic Gov. Josh Shapiro.
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July 11, 2024
Mo. To Offer Tax Credits For Investments In Rural Areas
Missouri will allow the state Department of Economic Development to offer tax credits for capital investments in certain rural areas as part of a bill signed by the governor Thursday.
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July 11, 2024
Pa. Court Nixes School Board's Early Objections In Tax Fight
The Pennsylvania Department of Education and state tax board were the proper parties to be named in a group's challenge to the uniformity of a county's tax system, the Pennsylvania Commonwealth Court ruled Thursday, rejecting objections from the department and board.
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July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case
Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
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July 11, 2024
Mich. Asks Appeals Court To Rethink Nationwide's Tax Win
Michigan insurance companies that are part of Nationwide are required to file taxes as individual entities and not as a unitary group, Michigan's tax department said, asking the state Court of Appeals to reconsider its opinion in the case.
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July 11, 2024
Minn. Ends Fiscal Year $421M Ahead Of Revenue Estimates
Minnesota's total net revenue for the fiscal year was $421 million higher than forecast, according to the state Department of Management and Budget.
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July 11, 2024
Ohio Revenue Trails Estimates By $928M In Fiscal 2024
Ohio's general revenue in the 2024 fiscal year was $928 million lower than estimates, according to the state Office of Budget and Management.
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July 11, 2024
Ohio Justices To Hear Arguments In Aramark Tax Dispute
Hospitality services provider Aramark will argue its appeal of a denied tax break for reimbursements received from clients before the Ohio Supreme Court and not before a master commissioner, the court said Thursday.
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July 10, 2024
NJ Panel Says Tax Amendment Challenge Had No Real Claim
A New Jersey state appeals court on Wednesday tossed a challenge to an amendment blocking certain appeals from being litigated in the state's tax court, reasoning that parties can still fight tax matters in trial court.
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July 10, 2024
Pa. House OKs EV Fee, End Of Tax On Residential Charging
Pennsylvania would impose an annual fee on electric vehicles and plug-in hybrid electric vehicles and eliminate an alternative fuels tax on electricity for charging done at private residences under a bill the state House of Representatives passed Wednesday.
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July 10, 2024
MGM's Suit Against Mich. Tax For Ill. Riverboat Sale Tossed
A Michigan subsidiary of MGM failed a requirement to request an alternative apportionment method before going to court in its challenge of a corporate income tax assessed on gains from its sale of an interest in a riverboat casino, the state Court of Claims ruled.
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July 10, 2024
NJ OKs Relaxing Worker Location Rules For Tax Credits
New Jersey made it easier for businesses with remote employees to qualify for some of the state's tax breaks and grant programs by loosening the state's employee location requirement under a bill signed by Gov. Phil Murphy on Wednesday.
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July 10, 2024
A&E Overcomes NYC's Rejection Of Debt Deductions
A&E Television Networks may claim a New York City corporate tax deduction for certain debt expenses, a city administrative law judge said in a determination released Wednesday, saying deductions allowed federally are also allowed against the city tax.
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July 10, 2024
NJ Expands Film Tax Credit To More Digital Productions
New Jersey expanded its film tax credit program's definition of digital media content to include other forms of digital content under a bill signed Wednesday by Democratic Gov. Phil Murphy.
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July 10, 2024
Ohio Board Boosts Value Of Wendy's Property To $2.1M
An Ohio city and school board proved that a property housing a newly constructed Wendy's restaurant was undervalued based on comparable properties in the area and that its value should be increased to $2.1 million, the state's Board of Tax Appeals ruled.
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July 10, 2024
Fla. Net Revenue Through May Beats Estimates By $1B
Florida's net revenue collection from July 2023 through May was $1.06 billion higher than estimates, according to the state Office of Economic and Demographic Research.
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July 10, 2024
Calif. Ends Fiscal Year With Revenue $3B Over Estimates
California's general fund revenue in the 2024 fiscal year was $3 billion higher than estimated, the California state controller said Wednesday.
![FILE - Pennsylvania Gov. Josh Shapiro delivers his budget address for the 2024-25 fiscal year to a joint session of the state House and Senate in the Rotunda of the state Capitol, Feb. 6, 2024, in Harrisburg, Pa. Pennsylvania lawmakers will return to session Monday, June 3, as they begin a four-week countdown to the state government's new fiscal year, as Democratic Gov. Shapiro and Republican lawmakers offer competing visions for how to use a massive surplus. (AP Photo/Matt Rourke, File)](https://assets.law360news.com/1857000/1857420/d2f4b86c41156fcd73ad40e6a8ae76fb5b455c57-pennsylvania_legislature_60197.jpg)
Pennsylvania Will Increase NOL Cap, Clarify Bank Shares Tax
Pennsylvania will increase its cap on net operating losses, clarify goodwill exclusions from bank shares tax, make a technical change impacting affiliated entities and create new income tax deductions under a tax omnibus bill passed in a budget signed by Democratic Gov. Josh Shapiro.
![FILE - The Louisiana state Capitol stands prominently, April 4, 2023, in Baton Rouge, La. New state House and Senate boundary lines drawn up by the Louisiana Legislature in 2022 dilute Black voting strength in violation of the U.S. Voting Rights Act, a federal judge in Baton Rouge ruled on Thursday, Feb. 8, 2024.](https://assets.law360news.com/1856000/1856990/cffe9e9841a7f6612946ae5100f47629b9213685-redistricting_louisiana_legislature_27940.jpg)
La. Tax Chief Urges Quick Rewrite Of Constitution's Tax Rules
Louisiana's top tax official pushed lawmakers Thursday to propose a series of changes to the state constitution's tax rules next month, calling it paramount for the proposal to go before voters on the November ballot before next year's legislative session.
![Apple's protest of a $14.8 million tax bill in Florida is one of several challenges to the state's interpretation of its sourcing rules. (AP Photo/Brittany Peterson)](https://assets.law360news.com/1857000/1857172/9f25fb907da6e4a0296b9a484f7f98f8e297c592-google_apple_antitrust_cycle_93432.jpg)
Apple Challenges $14.8M Fla. Tax Bill In Sourcing Dispute
Apple asked a Florida state court to find that the state Department of Revenue incorrectly sourced revenue from sales of digital services and licensing agreements to in-state customers instead of out-of-state locations where the company performed its work, according to a complaint Law360 obtained Thursday.
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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Calif. Health Players Back Managed Care Tax Amid Uncertainty
A ballot measure backed by some of the biggest healthcare players in California is designed to protect billions of dollars in revenue for the state's Medicaid program. Its impact may hinge on persuading more doctors to serve low-income patients.
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How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
Expert Analysis
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States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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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.