State & Local
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October 25, 2024
Hawkins Delafield Career Atty Moves To Nixon Peabody In SF
Nixon Peabody LLP hired a Hawkins Delafield & Wood LLP partner who has spent his entire legal career with that firm working on public finance tax matters and a range of other tax-related matters, the firm has announced.
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October 25, 2024
Pa. House Advances State Bill To Protect Crypto Payments
Pennsylvania's House of Representatives advanced a bill that would codify businesses' and individuals' ability to accept digital assets as payment, maintain personal control over their digital assets and protect them from additional taxes when paying in crypto.
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October 25, 2024
NJ Bill Seeks Sales Tax Break For Energy-Saving Products
New Jersey would exempt retail sales of energy-saving products and services from sales and use tax under a bill introduced in the state Assembly.
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October 25, 2024
Wis. Tax Commission Rules Income Refund Appeal Untimely
A Wisconsin resident was correctly denied an income tax refund as it was filed outside the state's four-year statute of limitations, the state Tax Appeals Commission said in an order released Friday.
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October 25, 2024
Wis. Board OKs Cut To Couple's Capital Gains Tax Credit
Wisconsin's tax department correctly reduced an income tax credit claimed by a couple who sold properties in other states because the states tax different amounts of capital gains, the Wisconsin Tax Appeals Commission said in an order released Friday.
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October 25, 2024
Taxation With Representation: Davis Polk, Skadden, Kirkland
In this week's Taxation With Representation, Atlantic Union Bankshares Corp. absorbs Sandy Spring Bancorp, Sophos and Secureworks merge, Wendel Group takes a stake in Monroe Capital LLC, and Acuity Brands Inc. buys QSC LLC.
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October 25, 2024
Cleveland Browns Sue City To Protect Stadium Move Plan
The Cleveland Browns took their city to Ohio federal court to protect their plan to move the NFL team to an adjacent town, saying a Buckeye State law restricting how and when sports teams can move out of taxpayer-supported stadiums is unconstitutional.
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October 25, 2024
Ore. Church Rightly Denied Property Tax Break, Court Says
An Oregon religious organization was correctly denied a property tax exemption after its lease to another tax-exempt organization ended and it failed to reapply for the break before a statutory deadline, the state's tax court ruled.
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October 25, 2024
MVP: Wachtell's Tijana J. Dvornic
Wachtell Lipton Rosen & Katz's Tijana J. Dvornic led the firm's tax team in representing Lumen Technologies in the largest liability management transaction outside of bankruptcy protections, including addressing over $15 billion of existing debt, earning her a spot as one of the 2024 Law360 Tax MVPs.
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October 24, 2024
No Tax Break For Bad Debt Investors, Wash. Justices Say
The Washington State Supreme Court said Thursday that a group of funds that buy and sell distressed credit card debt can't claim a state business tax deduction on investment income because those investments were not incidental to their main business purpose.
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October 24, 2024
Wash. High Court Lets Anti-Tax Ballot Measure Show Impact
Elections officials are permitted to place financial disclosure information next to a Washington state ballot measure that would repeal the state's tax on capital gains, the Washington Supreme Court ruled Thursday, upholding a trial court.
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October 24, 2024
La. Biz Development Office Extends Industrial Tax Break Regs
An emergency rule in Louisiana extended the effectiveness of regulations implementing a recently issued gubernatorial executive order that made several adjustments to the state's industrial tax exemption program.
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October 24, 2024
NY Sales Tax Applies To Some Of Co.'s Brand Services
A Delaware company owes New York sales tax on services it offered that constitute taxable information services, but other services it offered were personal and individual in nature and therefore excluded from tax, an administrative law judge for the state Division of Tax Appeals ruled.
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October 24, 2024
Ohio Board Frees W.Va. Car Dealership From Biz Tax
A Nissan dealership in West Virginia doesn't owe Ohio commercial activity tax despite claims by Ohio's tax department that residents were buying cars there to bring back to the neighboring state, the Ohio Board of Tax Appeals said.
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October 24, 2024
Nationwide Asks Mich. Justices To Skip Unitary Tax Case
Nationwide asked the Michigan Supreme Court to deny the state tax agency's application for review of an appellate court's decision that said the insurance company's entities should file their taxes as a unitary group, saying that ruling was consistent with a plain reading of the state's laws.
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October 24, 2024
Conn. High Court Snapshot: $13M Tax Appeals, Will Dispute
The Connecticut Supreme Court's second term of the 2024-2025 season will commence Monday with a dispute over whether an attorney bungled a will that sought to divide a $845,368 TD Ameritrade account among five beneficiaries, only one of whom received any cash.
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October 24, 2024
Utah Revenue Collection In Fiscal Year 2024 Falls $31M
Utah general revenue collection through fiscal 2024 fell $31 million from fiscal year 2023, according to the Utah State Tax Commission.
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October 24, 2024
Indiana Dept. Clarifies Sales Tax Rules For Charity Auctions
Indiana charity auctions that are conducted by auctioneers are exempt from sales tax if the retail merchant at the auction is a qualified nonprofit, according to an updated bulletin by the state Department of Revenue.
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October 24, 2024
RI Revenue Collection Beat Budget Estimates By $76M
Rhode Island general revenue collection from July through September outpaced forecasts by $76 million, according to the state Department of Revenue.
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October 24, 2024
ND General Revenue Up $369M From Estimate
North Dakota general revenue collection surpassed a forecast by $369 million through the first 15 months of the state's biennium, according to the state Legislative Council.
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October 24, 2024
MVP: Sidley's Rachel D. Kleinberg
Rachel D. Kleinberg, a co-leader of the global tax practice at Sidley Austin LLP, headed up a tax team to represent investors in a consortium that led to the $6.05 billion sale of the NFL's Washington Commanders, earning her a spot as one of the 2024 Law360 Tax MVPs.
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October 24, 2024
Minn. Tax Court Won't Cut Value Of $1M Home
A residential property in Minnesota was correctly valued by a local assessor at about $1 million, the state tax court ruled, saying the owners' sales comparison analysis of the value was insufficient to cast doubt on the county's determination.
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October 23, 2024
Behind The Scenes Of NYC's Film Studio Real Estate Boom
Film and streaming production facilities in New York City are blossoming, spurred on by an explosion in demand for production space from streamers and $7.7 billion in state film tax credits, and attorneys are busy advising on all aspects of financing and developing studios.
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October 23, 2024
COST Urges Justices To Hear IBM, Disney Appeals Of NY Tax
New York's method of taxing IBM and The Walt Disney Co.'s royalties received from foreign affiliates resulted in an unconstitutional discrimination against interstate commerce that warrants U.S. Supreme Court scrutiny, the Council on State Taxation told the justices Wednesday.
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October 23, 2024
Ariz. Court Orders Changes To City Tax Measure Language
Language on a ballot measure in an Arizona city to replace an expiring local sales tax with a new one with a lower rate was misleading, an appeals court said, rejecting the city's statement that the measure would reduce taxes.
Expert Analysis
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Constitutional Shenanigans And Other Sports: SALT In Review
From a challenge to New York's end run on a federal law to voters' rejection of a sales tax that would aid Kansas City's major league teams, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Speaking Of Ideas Hard To Swallow: SALT In Review
From a Pennsylvania bill that would force corporate tax disclosure to a proposed candy tax in California, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Neb. Justices Should Weigh IRC Terms In Dividend Tax Case
Nebraska’s highest court, which will hear oral arguments in Precision CastParts v. Department of Revenue on April 1, should recognize that the Internal Revenue Code provides key clues to defining “dividends received or deemed to be received,” and therefore limits Nebraska’s tax on foreign-sourced corporate income, says Joseph Schmidt at Ryan.