State & Local
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July 19, 2024
Miss. Justices To Weigh Pipeline's Tax Bill On 3rd-Party Fees
The Mississippi Supreme Court agreed to hear the state tax agency's appeal of a trial court's ruling that negated a use tax assessment on third-party freight charges a pipeline company paid, opting to decide the case instead of sending it to an intermediate appeals court.
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July 19, 2024
NY Ice Cream Store Manager Not Liable For Tax, ALJ Says
The manager of a New York ice cream store is not the person responsible for the store's sales tax assessment, as he didn't have the authority to handle store finances, an administrative law judge said in a determination released Friday.
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July 19, 2024
Ohio Coal Plant Correctly Valued At $13M, Board Rules
A shuttered coal plant in Ohio was properly valued at $13 million, despite the plant owner's assertion that the buildings on the property had no value, the state Board of Tax Appeals ruled.
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July 19, 2024
Taxation With Representation: A&O Shearman, Gibson Dunn
In this week's Taxation With Representation, Cleveland-Cliffs Inc. buys Stelco Holdings Inc., KBR acquires LinQuest Corp., Blue Owl Capital Inc. purchases Atalaya Capital Management LP, and Amphenol Corp. buys two mobile networks units from CommScope.
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July 19, 2024
Ill. Seller Sourcing Fix Adds Fuel To Constitutional Complaints
A bill before Illinois Gov. J.B. Pritzker is being touted as a legislative fix to a contentious state law requiring retailers to base their sourcing methods on whether they are in-state or remote, but challengers of the law say the proposal would exacerbate an issue of unequal treatment.
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July 18, 2024
Neb. Gov. Unveils Plan For Property Tax Cuts
Nebraska's governor on Thursday revealed a plan to cut property taxes ahead of a special session of the state Legislature, proposing a hard cap on property tax increases and the elimination of over a hundred sales tax exemptions.
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July 18, 2024
Tax Pact Board Approves Digital Goods Sourcing Plan
The Streamlined Sales Tax Governing Board gave final approval Thursday to a proposal allowing states to apply the highest, lowest or a blended state and local tax rate inside a five-digit ZIP code area to sales of digital goods when buyers aren't required to provide their full address.
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July 18, 2024
Ind. Tax Board Says German Cultural Center Not Tax-Exempt
The Indiana Board of Tax Review determined that an event center owned by an organization that promotes German culture doesn't qualify for a property tax exemption because the property is used for social purposes rather than cultural preservation.
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July 18, 2024
Ind. Tax Board Agrees With $2M Valuation Of Unfinished Home
An Indiana local assessor correctly valued an unfinished mansion at $2.2 million in 2021 and $2.4 million in 2022, a state review board determined after agreeing with the assessor's cost approach.
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July 18, 2024
Ex-Venable Trusts And Estates Partner Joins Stradling In LA
Stradling Yocca Carlson & Rauth PC announced that it launched a trusts and estates practice with the hiring of an experienced Los Angeles-based partner from Venable LLP.
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July 18, 2024
Pa. Eliminates Tax On At-Home Charging For EVs
Pennsylvania will eliminate the tax on electricity used to charge electric vehicles at private residences and impose an annual fee on some electric and hybrid vehicles under a bill signed by Gov. Josh Shapiro.
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July 18, 2024
Pa. To Simplify Returns Of Unclaimed Property Below $500
Pennsylvania will allow the state treasurer to automatically return unclaimed property to its verified owners when the property's value is less than $500 under a bill signed by Democratic Gov. Josh Shapiro.
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July 18, 2024
Mo. Commission Upholds Shopping Area's $5 Million Value
A Missouri shopping center was properly valued at $5.1 million, the state Tax Commission ruled, finding that the property owner failed to prove the value should be lowered.
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July 18, 2024
Del. Net General Revenue Receipts Up By $54M For 2024
Delaware's net receipts in the 2024 fiscal year increased by $54 million from the preceding year, according to the state's Department of Finance.
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July 18, 2024
Rising Star: Latham's Eric Kamerman
Eric Kamerman of Latham & Watkins LLP in recent years handled the tax aspects of several multibillion-dollar acquisitions of powerhouses in British soccer and American fashion, earning him recognition as one of the tax attorneys under age 40 honored by Law360 as Rising Stars.
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July 18, 2024
Top International Tax Cases To Watch In The 2nd Half Of 2024
Tax attorneys will be tracking several high-stakes cases in the second half of 2024 that could define the bounds of the IRS' ability to craft regulations or lodge direct challenges aimed at what it sees as the tax avoidance maneuvers of multinational corporations. Here, Law360 looks at key international tax cases to follow during the rest of the year.
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July 17, 2024
Mo. Tax Commission Affirms Hotels' Combined $37.6M Value
A Missouri county correctly valued three hotels at a combined $37.6 million, the state tax commission said, affirming a hearing officer's finding that an appraiser for the hotels included pandemic-related deductions that undermined the credibility of the appraisals.
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July 17, 2024
Minn. Court Says VFW Property Subject To Lower Tax Rate
A group of properties used as a Veterans of Foreign Wars post in Minnesota should be subject to a lower property tax classification because they weren't used for revenue-making purposes, the state's tax court ruled.
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July 17, 2024
Mo. Property Owners' Tax Challenge Time-Barred, Court Says
A group of Missouri property owners can't proceed with their appeal of assessments they claimed were unconstitutional taxes, a state appeals court ruled, finding the challenge was time-barred as an appeal of a special assessment.
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July 17, 2024
Ore. Fishing Biz Income Cut, Tax Deductions Raised By Court
Owners of a commercial fishing and boat fabrication business in Oregon are permitted adjustments to their 2018 income and expense deductions, the state tax court said, allowing a deduction for boat depreciation and some per diem expenses.
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July 17, 2024
Dividends Wrongly Included, Water Utility Tells NJ Tax Court
A water services company operating in New Jersey told the state's tax court that the Division of Taxation erred in denying its attempt to exclude $25 million in intercompany dividends for tax years 2017 and 2018, because the amounts were wrongly included in its federal returns.
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July 17, 2024
Disney To Join IBM's Bid To Bring NY Tax Fight To Justices
The Walt Disney Co. joined IBM in asking the U.S. Supreme Court for more time to file a petition for review of a New York high court decision that upheld tax on royalties received from foreign affiliates.
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July 17, 2024
SC Golf Club Dues Are Tax Exempt, Dept. Clarifies
South Carolina's 5% amusement tax doesn't apply to monthly and annual membership dues paid to golf clubs, the state's Department of Revenue clarified in an opinion.
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July 17, 2024
Connell Foley Adds Wilson Elser Tax Pro In Group Upgrade
Connell Foley LLP strengthened its tax and estate team this week with the promotion of several attorneys up to partner and the addition of a mergers and acquisitions and corporate restructuring tax expert previously of counsel at Wilson Elser Moskowitz Edelman & Dicker LLP.
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July 17, 2024
Ohio Board Lowers Value Of Kohl's Property By $800K
The Ohio Board of Tax Appeals lowered the appraised value of a Kohl's property Wednesday by roughly $822,000, saying a county appraiser wrongly concluded that the property's highest and best use would be for use by a national company.
Expert Analysis
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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.
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Digital Biz Purchases And Tax Cuts In Texas: SALT In Review
From the taxing of digital business purchases to proposed tax cuts in Texas, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.