State & Local
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October 30, 2024
Judge Embraces 'Law School Geekiness' In Ill. Swipe Fee Row
An Illinois federal judge said Wednesday that she'd be "going back to law school" to study up after hearing more than two hours of robust arguments about whether she should block a first-of-its-kind Illinois law restricting certain credit card fees, as the banking industry said at least one bank was "freaking out" over possible compliance.
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October 30, 2024
Mich. Judges Reject Interest For Unclaimed Property Returns
A Michigan appellate panel overturned a trial court Tuesday that admitted it was going against the grain by requiring the state to pay interest when it returns seemingly abandoned property, with appellate judges finding state statute was comprehensive enough to supersede the common law idea that "interest follows principal."
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October 30, 2024
Federal Deference Ruling May Mean Less State Tax Guidance
A U.S. Supreme Court ruling that killed the doctrine known as Chevron deference does not have a direct effect on states, but indirect effects could include that of state tax agencies issuing less guidance, panelists said Wednesday.
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October 30, 2024
Texas Justices Quiz Sales Tax Break For Private Prison Co.
Texas Supreme Court justices questioned Wednesday whether a private prison operator is eligible to receive a sales tax exemption granted to governmental entities, mulling over whether the company functions as an agency or instrumentality of the state.
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October 30, 2024
Pa. Authorizes Settlement Process To Resolve Tax Disputes
Pennsylvania empowered the state Board of Finance and Revenue to oversee a formal settlement process to resolve taxpayer disputes and extended the deadline for taxpayers to appeal personal income tax assessments from the state Department of Revenue under a bill signed by Democratic Gov. Josh Shapiro.
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October 30, 2024
Va. Amusement Park Wins Property Tax Refund For Rides
A Virginia amusement park owner is owed refunds of business property tax payments, the state's tax commissioner said, agreeing with the owner that rides and other assets at the park were fixed to real property and not subject to the tax.
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October 30, 2024
NJ Cannabis Commission Delays Increasing Excise Fee
The New Jersey commission that regulates cannabis will not immediately increase the state's social equity excise fee and will instead decide at a later meeting whether to increase the fee, the commission voted on Wednesday.
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October 30, 2024
Real Estate Tax Ballot Initiatives To Watch
Next week, voters in seven states will be weighing in on a variety of real estate tax ballot initiatives, including various measures that would provide additional property tax relief to veterans.
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October 30, 2024
Ohio Justices Say Attorney In Prison Should Not Be Disbarred
The Ohio Supreme Court ruled Tuesday that an attorney in federal prison for his participation in a tax fraud scheme should not be disbarred, and should have a chance to reapply for his law license in the future
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October 30, 2024
Va. Tax Boss Orders 2nd Look At Co.'s Bank Card Tax Break
Virginia auditors must take a closer look at a company's sales of debit and credit cards to better evaluate whether the cards were exempt from tax as property to be resold to final customers, the state's tax commissioner said.
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October 30, 2024
Va. Biz Wrongly Collected Sales Tax, Commissioner Rules
A Virginia fabricator of products for construction erroneously collected and remitted sales tax on property it installed in real estate and may seek a credit, but it owes sales tax on its purchases from vendors, the Virginia tax commissioner said.
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October 29, 2024
NJ Panel Rejects Man's Ability To Contest Newark Tax Break
A New Jersey resident doesn't have standing to challenge Newark's tax abatement awarded to a property developer because he doesn't live or own property in the city, a state appeals panel ruled Tuesday.
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October 29, 2024
Investments In Energy Tax Credit Boom Could Draw IRS' Eye
The 2022 climate law's green energy tax incentives sparked a surge of big-ticket development projects nationwide, and tax practitioners expect that the investments could be subject to intense scrutiny from the IRS amid a crackdown on abusive schemes in other areas.
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October 29, 2024
Ex-Cleveland Councilman Can't Cut 6-Year Fraud Sentence
An Ohio federal judge will not allow a former Cleveland city councilman to get out of jail on compassionate release, ruling the ex-politician "has never demonstrated any remorse for his criminal conduct" and should serve the remainder of his six-year fraud sentence.
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October 29, 2024
Issues Raised In Wayfair Still Top Targets For Litigation
Though Wayfair was decided more than six years ago by the U.S. Supreme Court, challenges centered on key issues of the case involving the taxation of remote sellers are still going strong, panelists said Tuesday.
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October 29, 2024
Rimon Adds International Tax Expert In Philadelphia
Rimon PC has added an expert in international tax and trusts and estates who joined the firm's Philadelphia office after working for his own practice.
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October 29, 2024
States Should Cede Profit-Shifting Fight To OECD, Atty Says
States should shy away from using mandatory worldwide combined reporting to address profit shifting and instead allow the Organization for Economic Cooperation and Development to police tax avoidance from multinational corporations, a business trade group attorney said Tuesday.
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October 29, 2024
Vt. Revenue Through Sept. Rises $53M From Last Year
Vermont's total general fund revenue from July through September beat last year's total for that period by $53 million, according to a report by the state Agency of Administration.
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October 29, 2024
Maine Revenue Through Sept. Up $132M From Estimate
Maine's general revenue collection through the first three months of its fiscal year outpaced an estimate by $132 million, according to a report by the state Department of Administrative Financial Services.
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October 28, 2024
No COVID Property Tax Break For Hotels, Wash. Court Told
Hotels in Washington state should not get property tax breaks for COVID-19 because the pandemic was not a natural disaster that allows relief, the assessor of the state's most populous county told a state court.
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October 28, 2024
La. Special Session To Address Gov.'s Tax Overhaul Proposals
Louisiana's governor called for the state Legislature to meet for a special session to overhaul the state's tax code, asking legislators on Monday to consider a series of proposals that include ending the corporate franchise tax and adopting a flat corporate income tax.
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October 28, 2024
Ind. Tax Board Cuts Target Store's Assessment By $500K
An Indiana Target's property tax assessment should be lowered by roughly $500,000 for three tax years, the state Board of Tax Review said, finding the retailer's income capitalization approach to the valuation persuasive.
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October 28, 2024
Ind. Tax Board Denies Exemption For Undeveloped Property
A religious organization in Indiana cannot claim a property exemption for a property to be developed because it was unable to show substantial progress toward the completion of the building, the state Board of Tax Review said.
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October 28, 2024
Ind. Tax Board Orders Vacant Land Be Reassessed
An Indiana property valued as vacant land should be reassessed, the state Board of Tax Review said, and the property should be considered nontillable agricultural land.
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October 28, 2024
Tenn. ALJ Boosts Home's Tax Value By A Third
A Tennessee administrative law judge boosted a home's tax value by more than one-third after siding with a local assessor's office that brought a counterclaim against an appeal by the home's owners, who sought a lower figure.
Expert Analysis
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Preparing Your Legal Department For Pillar 2 Compliance
Multinational entities should familiarize themselves with Pillar Two of the Organization for Economic Cooperation and Development’s BEPs 2.0 project and prepare their internal legal tracking systems for related reporting requirements that may go into effect as early as January, says Daniel Robyn at Ernst & Young.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Another Ark. Tax Cut And Chicago Transit: SALT In Review
From yet another income tax cut in Arkansas to proposed extra funding for Chicago transit, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
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TCJA Workarounds And A Misstep In Va.: SALT In Review
From federal SALT deduction workarounds to Virginia's missed opportunity, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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How Taxpayers Can Prep As Justices Weigh Repatriation Tax
The U.S. Supreme Court might strike down the 2017 federal tax overhaul's corporate repatriation tax in Moore v. U.S., so taxpayers should file protective tax refund claims before the case is decided and repatriate previously taxed earnings that could become entangled in dubious potential Section 965 refunds, say Jenny Austin and Gary Wilcox at Mayer Brown.
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Digital Services And Asphalt Production: SALT In Review
From Massachusetts' proposed gross receipts tax on digital providers to a dispute over equipment used to make asphalt in North Carolina, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What's Notable In Connecticut's New Cannabis Laws
The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.
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NJ Justices Clarify Bribery Law Scope, But Questions Remain
The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.
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Parsing Tax Implications Of NYC Office Leasing Transactions
Though New York City's tax laws generally do not require negotiated contractual risk allocation in the case of sublease and early lease termination transactions, it is still helpful for counsel to both landlords and tenants to understand the laws' nuances, say attorneys at Lowenstein Sandler.