State & Local
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Fla. To Allow Reimbursement Of Trust Owners For Taxes Paid
Florida will allow fiduciaries to reimburse owners of certain trusts for income taxes paid under a bill signed by Republican Gov. Ron DeSantis.
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May 31, 2024
Colo. Establishes Middle-Income Housing Tax Credits
Colorado is creating a pilot program to provide a tax credit for developers of housing aimed at middle-income residents under a bill signed into law by Gov. Jared Polis.
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May 31, 2024
Water Services Co. Asks NJ Court For $1.3M Sales Tax Refund
A water services company told the New Jersey Tax Court it was wrongly denied a sales and use tax refund of nearly $1.3 million, saying its claims were timely filed and the transactions at issue were not taxable.
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May 31, 2024
Calif. High Court Affirms Biz Transfer Was Ownership Change
A California corporation that transferred its ownership of two grocery stores to a trust that held all the corporation's voting stock constituted a change in the properties' ownership, allowing their assessed value to be doubled to $10 million, the state's top court affirmed.
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May 31, 2024
Calif. Tax Director Sees AI Aiding Tax Administration
Nicolas Maduros, as director of the California Department of Tax and Fee Administration, is leading an effort to modernize sales tax administration through the use of artificial intelligence. He's also president of the board of trustees of the Federation of Tax Administrators. Law360 spoke to him about both roles.
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May 31, 2024
Colorado Enacts $700M Child Tax Credit
Colorado created a child tax credit worth about $700 million annually under legislation signed Friday by Democratic Gov. Jared Polis.
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May 31, 2024
La. Sets Tax Dept. Notice Requirement For Foreign Biz
Louisiana will require the state's Department of Revenue to send notices to taxpayers outside the U.S. through first-class international mail with electronic delivery confirmation under a bill signed by the governor.
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May 31, 2024
La. To Offer Sales Tax Rebates For Lithium Recovery
Louisiana will create a temporary rebate program for sales tax paid by companies for equipment, material or machinery purchased for lithium recovery projects as part of a bill signed by the state's governor.
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May 31, 2024
Del. Net Revenue Through April $64M Higher Than Prior Year
Delaware's net general revenue receipts from July through April beat last fiscal year's total for that period by $64 million, according to the state Department of Finance.
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May 31, 2024
Wis. General Revenues Through April Up $144M
Wisconsin general fund revenue from July through April was $144 million higher than during the same period last fiscal year, according to the state Department of Revenue.
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May 31, 2024
Taxation With Representation: Cravath, Cleary, Fried Frank
In this week's Taxation With Representation, T-Mobile buys United States Cellular Corp.'s wireless operations, Energy Transfer plans to buy WTG Midstream, ConocoPhillips acquires Marathon Oil, and Goldman Sachs Alternatives raises over $20 billion for its direct lending strategy.
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May 30, 2024
Trump's Niece Can't Escape His Suit Over NYT Tax Story
A New York appellate panel ruled Thursday that former President Donald Trump can pursue claims that his niece, Mary Trump, breached a confidentiality agreement by sharing his tax records with The New York Times, handing him a legal win the same day he was convicted of 34 felony counts.
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May 30, 2024
Gas Station Chain Owes Wash. Tax For In-Network Sales
A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business and occupation tax when holders of those cards purchase gas from other participating gas station chains, a Washington appeals court panel found, partially upholding the trial court.
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May 30, 2024
Casino Asks Ind. Justices To Review Add-Back Law's Scope
A casino operator asked the Indiana Supreme Court to review a state tax court decision that said the company needed to add back excise taxes and license fees paid to other states when determining its Indiana income tax base.
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May 30, 2024
Colo. Creates Low-Income Housing Investment Tax Credit
Colorado will allow an income tax credit for investments in certain low-income housing projects and increase the amount of affordable housing tax credits it offers under a bill signed Thursday by Democratic Gov. Jared Polis.
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May 30, 2024
Mich. Senate Bill Seeks Biz Tax Break For Organ Donor Leave
Michigan businesses that offer employees paid leave to donate organs would be able to receive a tax credit under a bill introduced in the state Senate on Thursday.
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May 30, 2024
Maine Revenues Through April Down $102M From Forecast
Maine's revenue collection from July through April missed budget projections by $102 million, according to the state Department of Administrative and Financial Services.
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May 30, 2024
Ariz. Looks To Keep Rebate Tax Fight With IRS Alive
Arizona's one-time income tax rebates last year should not be subject to federal tax, the state told a federal court, urging it to reject the Internal Revenue Service's push to dismiss the state's suit challenging the taxation.
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May 30, 2024
Colorado Extends Rural Jump-Start Tax Credits
Colorado extended income tax credits for certain new businesses and new hires through 2030 under a bill signed by Democratic Gov. Jared Polis.
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May 30, 2024
Mass. Foreclosure Law May Be Unconstitutional, Judge Says
A Massachusetts law blocking towns and cities from returning excess funds from foreclosure sales may be an unconstitutional taking, a federal judge has said.
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May 30, 2024
NY To Provide Sales Tax Break For Energy Storage Equipment
New York will exempt receipts for retail sales of residential energy storage systems equipment from state and local sales and use taxes, effective Saturday, the state Department of Taxation and Finance said Thursday.
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May 30, 2024
Mich. Total Revenue Through April Falls $590M From Last Year
Michigan's total general revenue from October through April was down $590 million compared with the same period last fiscal year, the state Budget Office said Thursday.
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May 30, 2024
Ex-KPMG Manager Joins Davis+Gilbert As Tax Partner
A former managing director at KPMG has joined New York law firm Davis+Gilbert LLP as a tax partner in its corporate and transactions practice, Davis+Gilbert announced.
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May 30, 2024
Colo. To Offer Freight Rail, Rail Operator Tax Credits
Colorado will offer two new tax credits for use of freight rails that start or end in coal transition communities and for the cost of improving or maintaining a rail line at risk of abandonment under a bill signed by the governor.
Expert Analysis
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Bezos On The Move: SALT In Review
From billionaire Jeff Bezos' impending relocation to an important transfer pricing case in Louisiana, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Kentucky Tax Talk: Clash Over Industrial Supplies Exemption
Recent legislative testimony in Kentucky may cause another battle over the state's sales tax exemptions for industrial supplies, even though the testimony appears to mischaracterize the impact of a major state court ruling that upheld the exemptions, say attorneys at Frost Brown.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Ministry Of Silly Ideas: SALT In Review
From proposals before a District of Columbia tax revision panel to the defeat of an income tax cut in North Dakota, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What Ariz. Ruling Means For Taxation Of Digital Services
The Arizona Supreme Court recently declined to review ADP v. Arizona Department of Revenue, letting stand a state appeals court's ruling that software as a service is a taxable rental of tangible personal property, essentially granting the department of revenue power to tax all digital services, say Karen Lowell and Pat Derdenger at Lewis Roca.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.