State & Local

  • July 26, 2024

    The Tax Angle: TCJA Prep, IRS Phone Problems

    From a look at Democrats' preparation to rewrite the 2017 GOP tax law to the Internal Revenue Service's continuing problems with providing customer service to tax professionals, here's a peek into a reporter's notebook on a few of the week's developing tax stories.

  • July 26, 2024

    Ind. Tax Court Says Tax Cap Acre Limitation Unconstitutional

    The Indiana Constitution doesn't permit a fixed 1-acre limitation on land eligible for the state's 1% property tax cap, the state tax court said, siding with a couple who argued their entire property qualified for the cap.

  • July 26, 2024

    Uber Accused Of Illegally Charging Tax On Delivery Fees

    Uber illegally collects sales tax on food delivery fees in Florida, a customer claimed in a proposed class action removed to federal court, saying the company cannot charge the tax if customers have the option of picking up the order themselves.

  • July 26, 2024

    Ohio McDonald's Properly Valued At $1.9M, Board Says

    An Ohio McDonald's was properly valued at $1.9 million by the county appraiser, the state Board of Tax Appeals ruled Friday, rejecting the business's bid to have the value lowered to $1.18 million.

  • July 26, 2024

    Taxation With Representation: Wachtell, Polsinelli, Kirkland

    In this week's Taxation With Representation, T-Mobile partners with KKR to acquire Metronet, Exclusive Networks gets a takeover offer, KKR buys Instructure Holdings Inc., and Bally's Corp. merges with The Queen Casino & Entertainment Inc.

  • July 26, 2024

    Ariz. Revenues In Fiscal Year 2024 Up $563M From Forecast

    Arizona's general revenue collection in the 2024 fiscal year was $563 million higher than estimated, according to the state Joint Budget Committee.

  • July 26, 2024

    SC Tax Applies To Durable Med Equipment Sales, Dept. Says

    Sales of durable medical equipment in South Carolina are subject to sales tax, which must be collected and remitted on sales completed after June 26, following a state Supreme Court ruling that found an exemption for such sales to be invalid, the state Department of Revenue said.

  • July 25, 2024

    Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter

    The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.

  • July 25, 2024

    Conn.'s Added Tax On Warranties Called Double Taxation

    The Connecticut state tax commissioner's levy of an additional tax on extended vehicle warranties connected to out-of-state vehicle sales is double taxation because the warranties are already taxed by the buyer's home state, a Connecticut-based auto wholesaler told a state trial court.

  • July 25, 2024

    Louisiana Lawmakers Hit Brakes On Tax Overhaul Proposals

    Louisiana's legislative leadership said Thursday that it won't move forward with a special session to overhaul the state's tax system in the near future, rebuffing a push from the governor to place sweeping changes to the state's tax structure on the November ballot.

  • July 25, 2024

    NJ To Provide Up To $500M In Tax Credits For AI Projects

    New Jersey will provide up to $500 million in tax credits to artificial intelligence businesses that make a capital investment of at least $100 million and create at least 100 full-time jobs under a bill Democratic Gov. Phil Murphy signed Thursday.

  • July 25, 2024

    Ohio Board Incorrectly Calculated Land, Improvement Value

    An Ohio warehouse property had its land value incorrectly increased to $1.2 million, from $715,000, a state appeals court ruled Thursday after finding no evidence was presented that warranted a change in its value.

  • July 25, 2024

    Pa. Dept. Urged To Review Concerns Over Biz Income Rule

    The Pennsylvania Department of Revenue should review stakeholders' critiques of a proposed regulation that outlines what constitutes apportionable business income and meet with aggrieved stakeholders to ensure the regulation is consistent with state tax law, an independent commission said.

  • July 25, 2024

    Neb. Bill Resurrects Digital Ad Tax Plan In Special Session

    Nebraska lawmakers, calling for property tax relief in a special legislative session, resubmitted Thursday a proposal to fund property tax cuts with a tax on gross receipts from digital advertising services and by broadening the state's sales tax regime.

  • July 25, 2024

    NJ Justices Affirm Verizon's Local Tax Bill On Equipment

    A Verizon entity must pay personal property tax on equipment at a switching station in a New Jersey borough, the state Supreme Court ruled Thursday, upholding lower court rulings that agreed with the town's application of a law outlining when telephone companies are subject to tax.

  • July 25, 2024

    NY Beverage Co.'s Tax Permit Properly Pulled, Court Says

    New York's tax agency was within its authority to revoke the license of a $100 million wholesale beverage distributor for willfully failing to file required information about its customers, a state appeals court ruled Thursday.

  • July 25, 2024

    Clark Hill Adds Tax And Estate Atty From Plunk Smith In Texas

    A former Plunk Smith PLLC senior associate jumped to Clark Hill in Collin County, Texas, to serve as a member in the tax and estate planning practice, the firm announced Thursday.

  • July 25, 2024

    NJ Town's Challenge To County Tax Table Can Proceed

    A New Jersey town may continue challenging a county's 2024 equalization table, the New Jersey Tax Court ruled, rejecting the county's argument that the town waited too long to make the challenge.

  • July 25, 2024

    Ohio Church Too Late For Retroactive Tax Refund, Board Says

    An Ohio church cannot be refunded for a retroactive property tax exemption for 2014 through 2016 because the state tax commissioner only has the authority to issue refunds for up to three years, the state Board of Tax Appeals ruled.

  • July 25, 2024

    Ore. Court Won't Toss Law Capping Taxable Home Values

    A homeowner's attempt to lower the taxable value of his property was denied by the Oregon Tax Court, which said it did not have the authority to determine whether a law capping annual taxable value increases for some properties was unconstitutional.

  • July 24, 2024

    Pfizer's Fuel Cells Can't Be Taxed, Conn. Justices Rule

    A fuel cell module that powers Pfizer Inc.'s research campus in Groton, Connecticut, is not subject to personal property taxes, the state's high court ruled Wednesday, upholding a lower court decision that allowed FuelCell Inc. to avoid several multimillion-dollar local tax assessments and penalties.

  • July 24, 2024

    Mich. Tribunal Upholds $4.4M Value For Car Wash

    A Michigan car wash was correctly valued at $4.4 million, the state Tax Tribunal said after rejecting the property owner's argument that the value should be reduced due to functional obsolescence.

  • July 24, 2024

    Book Publisher Settles Gross Receipts Tax Dispute With Ohio

    Chicken Soup for the Soul Publishing LLC settled its appeal of a nearly $143,000 Ohio commercial activity tax assessment, ending a case in which it alleged that a federal law that limits state taxes on net income protected certain gross receipts from tax.

  • July 24, 2024

    Ohio Chicken Farm Ruled Overvalued By County

    An Ohio chicken farm was overvalued by the local tax board, the state board of tax appeals said, after taking into consideration an appraisal by the owner that valued the property based on its special use as a hatchery.

  • July 24, 2024

    Nationwide Urges Mich. Court To Stand By Unitary Biz Ruling

    The Michigan Court of Appeals properly ruled that insurance companies that are part of Nationwide should file their taxes as a unitary group, the company told the appeals court, saying the state Treasury Department's request for reconsideration should be denied.

Expert Analysis

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • A Bold Idea And A Striking Disregard: SALT In Review

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    From a far-reaching proposal in Nebraska to a Minnesota government agency's disregard of case law, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • 5 Traps To Avoid When Selling CRE In Las Vegas Area

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    When dealing with commercial real estate in Clark County, Nevada — which includes the Las Vegas metro area — even sophisticated sellers may be ensnared by a myriad of tricky issues, ranging from transfer tax nuances to arbitration laws, says Chris Walther at Fennemore Craig.

  • How Clients May Use AI To Monitor Attorneys

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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 'Manufacturing' Amid Mass. Adoption Of Single-Sales Factor

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    Massachusetts’ recent adoption of single-sales-factor apportionment will benefit companies that have a greater in-state physical presence, reinforce the importance of understanding market-sourcing rules, and reduce the manufacturing classification's importance to tax apportionment, though the classification continues to be significant to other aspects of taxation, say attorneys at McDermott.

  • An Unsound Silence: SALT In Review

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    From the U.S. Supreme Court's silence on an apportionment ruling to the latest assault on streaming services, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • A Year-End Look At Florida's Capital Investment Tax Credit

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    Notwithstanding the Walt Disney Co.’s feud with Gov. Ron DeSantis this year, Florida's capital investment tax credit will continue to make the state a favored destination for large corporations, particularly in light of the new federal alternative minimum tax and the Pillar Two top-up tax, says Alan Lederman at Gunster.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

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