State & Local
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August 16, 2024
IRS, State Agencies, Tax Industry Create Anti-Scam Task Force
The Internal Revenue Service announced Friday that it is teaming with state tax agencies and tax industry representatives to create a task force to combat a growing number of scams and schemes targeting taxpayers.
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August 16, 2024
Taxation With Representation: Cleary, Kirkland, Skadden
In this week's Taxation with Representation, Mars Inc. sets a 2024 record with its $36 billion acquisition of Kellanova, Carlyle inks a $3.8 billion purchase with Baxter International Inc., and Performance Food Group Co. agrees to a $2.1 billion cash deal with Cheney Bros. Inc.
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August 19, 2024
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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August 15, 2024
Group Challenges Calif. Law Targeting Microsoft's Tax Win
A portion of California's new tax law written to prevent more wins such as Microsoft secured when the state's Office of Tax Appeals ruled it could include 100% of the dividends from foreign affiliates in its California sales factor denominator is unconstitutional, a national taxpayers group said.
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August 15, 2024
Skechers Appeals Wis.' Nix Of Royalty Fees Deduction
A Skechers USA subsidiary had economic substance and an additional finding of a business purpose is unnecessary for related companies to engage in transactions resulting in the company claiming nearly a half-billion dollars in deductions in Wisconsin, Skechers said in an appeal obtained Thursday by Law360.
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August 15, 2024
Pa. District's Appeal Method Is Constitutional, Court Affirms
A Pennsylvania Court of Common Pleas correctly ruled that a school district did not violate the state's uniformity clause when using a monetary threshold to decide which property tax assessments to appeal, the state Commonwealth Court affirmed Thursday.
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August 15, 2024
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.
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August 15, 2024
Colo. Gov. Calls Special Session On Property Tax Relief
Colorado lawmakers will return to Denver after Gov. Jared Polis called Thursday for a special session to focus on property tax relief in a bid to stave off the effect of two possible ballot measures proposing deeper cuts.
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August 15, 2024
Ga. Begins 2025 Fiscal Year With General Revenues Up $66M
Georgia's general fund receipts for July, the first month of the 2025 fiscal year, were $66 million higher than last year, according to the state Department of Revenue.
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August 15, 2024
Ky. General Revenue In July Up $141M From Last Year
Kentucky general revenue in July was $141 million higher than last year, according to the state Budget Director's Office.
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August 15, 2024
Calif. General Revenue In July $866M Over Estimates
California's general revenue collection in the first month of the 2025 fiscal year was $866 million higher than forecast, according to the state controller.
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August 15, 2024
Alaska Bans Local Taxes On Transfers Of Real Property
Alaska will not allow localities to levy or collect sales and use tax on the transfer of real property under a bill signed by the governor.
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August 14, 2024
Biz Says Mich. Cities Ignore Taxpayers In Fee-Or-Tax Fight
A pipe fitting business has urged the Michigan Supreme Court to reject municipal organizations' "histrionic" arguments that cities' financial stability will be in jeopardy if the top court finds Detroit's fire inspection fee is a disguised tax, saying the groups are disregarding citizens' rights to be free from illegal taxes.
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August 14, 2024
Mich. Judges Weigh Adjusting Asset Basis After Tax Law Shift
A panel of Michigan appellate judges grappled Wednesday with whether two companies were entitled to 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.
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August 14, 2024
Biz Founder Owes Mass. Tax On $4.7M Gain, Tax Dept. Says
A $4.7 million capital gain from a stock sale by former Massachusetts residents is subject to state tax because it stemmed from a business the couple had in Massachusetts, the state Department of Revenue told a Massachusetts appeals court, urging it to uphold the state tax board's findings.
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August 14, 2024
Wash. High Court OKs Anti-Cap Gains Tax Measure For Ballot
Several anti-tax initiatives in Washington state, including one to repeal the long-embattled tax on capital gains, may remain on the November ballot, the state's highest court said, rebuffing opponents that tried to get the initiatives removed.
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August 14, 2024
Mich. Court Stands By Unitary Biz Ruling For Nationwide
A Michigan state appeals court will not reconsider its decision that insurance companies that are part of Nationwide should file their taxes as a unitary group, and denied the state Treasury Department's request for reconsideration.
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August 14, 2024
DC Tax Relief Can Aid Office Projects, But It's No 'Silver Bullet'
While tax relief programs may help a handful of office conversion projects in Washington, D.C., and make financial sense, much more needs to happen to bring the city's struggling downtown back to life again, real estate experts say.
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August 13, 2024
Walz Backed Tax Hikes Funding Plans For Children, Families
As Minnesota's governor, Democrat Tim Walz, now the presumed vice presidential nominee of his party, separated himself from most other governors by signing into law numerous tax increases funding progressive priorities such as a paid family leave plan and the nation's largest child tax credit.
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August 13, 2024
Treasury's Loss Rules Take Broad Approach To Min. Tax Deal
The U.S. Treasury Department recently dashed the hopes of multinational corporations seeking regulations that would have carved out an international minimum tax agreement from interacting with long-standing domestic rules aimed at preventing companies from using the same economic loss twice.
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August 13, 2024
IRS Delays Tax Deadlines In Vermont After Hurricane Debby
Taxpayers in Vermont will be given until Feb. 3 to file individual and business tax returns and make payments after the state was hit by Hurricane Debby, the Internal Revenue Service said Tuesday.
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August 13, 2024
Shipping Co.'s Cleaning Services Taxable, Wash. Court Affirms
A Washington state court properly denied a shipping company's request for a refund of sales tax paid on cleaning services for its shipping containers because the containers weren't integral to the ships' use, a state appellate court affirmed.
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August 13, 2024
Anheuser-Busch Fights Mo. Tax On Items Sent Out Of State
Anheuser-Busch is seeking a refund of about $262,000 in Missouri sales and use taxes it says it paid on a variety of exempt transactions, including taxes paid on iPhones that were ultimately shipped to out-of-state employees and computer items used in the beer manufacturing process.
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August 12, 2024
UN Eyes Two Early Changes For Tax Pact In Latest Draft
Diplomats would draft two legally binding protocols under the United Nations framework convention on international tax cooperation while creating the convention itself under the latest draft guidance for negotiators after they select from a shortlist of possible topics, including the digital economy and wealth taxation.
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August 12, 2024
Past Tax Ideas Offer Insight Into A Harris-Walz Presidency
An analysis of tax proposals previously put forth by Vice President Kamala Harris and Minnesota Gov. Tim Walz, the Democrats' presumptive nominees for president and vice president, indicates they could pursue a tax agenda geared toward providing tax relief to middle- and lower-income Americans.
Expert Analysis
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Bad Ideas That Won't Go Away: SALT In Review
From California's latest move toward a digital ad tax to Kansas' proposed tax credits for film production, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Kentucky Tax Talk: Budget Focus Cools Tax Reform Efforts
There were some noteworthy tax developments during Kentucky’s legislative session — like the revival of local tax reform and enactment of another tax amnesty program — but major tax initiatives, like those seen in recent years, were largely tabled as legislators focused on establishing the state’s two-year budget, say attorneys at Frost Brown.
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NY Tax Talk: Primary Function Is Key Analysis For Sales Tax
Two sales tax cases recently decided by New York's Appellate Division illustrate why both taxpayers and the state's Department of Revenue subscribe to the primary function test, a logical way to determine whether business transactions are subject to sales tax, say Elizabeth Cha and Jeremy Gove at Eversheds Sutherland.
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Time To Fix NYC's Broken Property Assessment System
A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.
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Strange Notions Bubble Up: SALT In Review
From an assault on North Carolina's phaseout of its corporate income tax to a court ruling on the taxability of sparkling water in Pennsylvania, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.