State & Local
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August 20, 2024
UN Dives Into Murky Waters Of Taxing Digital Services
The United Nations has its sights set on cross-border services in the digital economy as its framework convention on tax takes shape, but it remains unclear how countries will define that broad and hotly contested topic as they work toward a treaty.
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August 20, 2024
Temple Law Prof, Kostelanetz Atty To Lead ABA Tax Section
A longtime professor at the Temple University Beasley School of Law and a seasoned tax controversy partner at Kostelanetz LLP will together helm the American Bar Association Section of Taxation for the 2025-2026 term, the firm announced Tuesday.
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August 20, 2024
Mass. Parcels Were Properly Valued Despite Construction
Two parcels of land in a Massachusetts town were properly valued and should not have their value decreased based on construction on a nearby property, the state Appellate Tax Board said in a decision released Tuesday.
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August 20, 2024
Allen Matkins Tax Group Leader Jumps To Covington In LA
Covington & Burling LLP has added to its Los Angeles office a partner with more than 20 years of experience who most recently led Allen Matkins Leck Gamble Mallory & Natsis LLP's tax group, describing the new hire as "one of the country's leading authorities on partnership tax."
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August 20, 2024
Fla. School Board Can Put Property Tax Increase On Ballot
A Florida school board was within its rights to place a millage increase referendum on the 2024 ballot despite the county's attempt to push the referendum to 2026, a state appeals court ruled.
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August 20, 2024
NJ Adopts Tax Rule On Allocating Nonresident Stock Options
New Jersey created a formula for calculating a nonresident's state tax liability on compensation from stock options under an adopted rule.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 19, 2024
Mont. Tax Board Restores $1M Value To Commercial Property
A commercial property in Montana was correctly valued at about $1 million, the state's tax appeals board said, reversing a county tax board and upholding the income approach to the valuation used by the state revenue department.
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August 19, 2024
Uber Pushes For Arbitration In Fla. Delivery Tax Case
Uber told a Florida federal court that a proposed class action over its collection of sales taxes on food delivery fees in the state must be heard by an arbitrator, not a court, under the terms of use accepted by its customers.
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August 19, 2024
Treasury Floats Timing Shift For Foreign Currency Accounting
The U.S. Treasury Department proposed regulations Monday that would adjust the timing for when companies could opt to use the so-called mark-to-market accounting method for gains or losses that arise from foreign currency transactions.
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August 16, 2024
Harris Proposes Tax Break For Homebuilders
Vice President Kamala Harris, the presumptive Democratic nominee for president, proposed several housing-related tax proposals, including creating a tax incentive for homebuilders that sell to first-time homebuyers, during a campaign speech Friday.
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August 16, 2024
Ohio Collects $3.8B At Start Of Fiscal Year
Ohio collected $3.83 billion in revenue in July, the start of fiscal year 2025, in line with budget estimates, according to the state's Office of Budget and Management.
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August 16, 2024
Pa. Resident Owes NY Tax While Teleworking During COVID
A Pennsylvania resident owes New York tax on days he worked from home in 2020 while his employer's office in the Empire State was closed during the COVID-19 pandemic, a New York administrative law judge determined.
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August 16, 2024
Association Sues Over Calif. Law Targeting Microsoft Tax Win
A second taxpayers' group has challenged as unconstitutional a portion of California's new tax law written to prevent more wins like the one Microsoft secured when the state Office of Tax Appeals ruled it could include 100% of the dividends from foreign affiliates in its California sales factor denominator.
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August 16, 2024
NY Tax Doesn't Apply To Nonresident's Dividend Income
A New York nonresident is not liable for tax on dividend income, because the dividends weren't earned as a product of work done in the state, a state administrative law judge ruled.
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August 16, 2024
North Carolina Joins Direct File, Maine Plans To Follow
The Internal Revenue Service's free electronic filing tax program, Direct File, will be available in North Carolina for the 2025 tax filing season, the IRS and U.S. Department of the Treasury announced Friday, and Maine is also planning to join.
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August 16, 2024
Ch. 7 Trustee Can't Recover Tax Payment, States Tell Justices
A group of roughly two dozen states threw their support behind the federal government in asking the U.S. Supreme Court to overturn a ruling that forced the IRS to return a tax payment after a bankruptcy trustee argued it was a fraudulent transfer and recoverable under state law.
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August 16, 2024
NJ's 13-Month Revenue Up $98M From FY 2023
New Jersey collected $98 million more revenue over the past 13 months than in the previous fiscal year, according to a report by the state's Department of the Treasury.
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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.
Neb. Lawmakers OK Property Tax Relief In Special Session
Ohio Justices Nix Local Appeal Of Pipeline's $950M Tax Value
Neb. Gov. Says He'll Veto Watered-Down Property Tax Cut Bill
Neb. Lawmakers OK Property Tax Relief In Special Session
The Nebraska Legislature approved emergency legislation Tuesday to provide $750 million annually in property tax relief and limit local tax hikes, rejecting amendments to help pay for the measure by eliminating numerous sales tax exemptions.
Ohio Justices Nix Local Appeal Of Pipeline's $950M Tax Value
An Ohio county auditor cannot appeal a settlement agreement between the state tax agency and an energy company over the $950 million value of a gas pipeline transmission system, the state's highest court ruled Tuesday, upholding the state Board of Tax Appeals.
Neb. Gov. Says He'll Veto Watered-Down Property Tax Cut Bill
Nebraska's governor said in a statement Friday that he would veto any bill passed during the Legislature's special session on property tax relief that weakens proposed caps on property tax increases.
Editor's Pick
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Law360 Revenue Report Map Tracks Health Of State Coffers
As state coffers fluctuate because of federal pandemic aid drying up, demographics shifting and remote work becoming commonplace, Law360 Tax Authority is providing up-to-date coverage on state tax revenue with the launch of its Revenue Report Map.
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Nev. Sales Tax Revenue In Jan. Rises $23.8M From Last Year
Nevada brought in $23.8 million more in sales tax revenue in January than in the same month last year, the state Department of Taxation said in a monthly report.
Featured Stories
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UN Dives Into Murky Waters Of Taxing Digital Services
The United Nations has its sights set on cross-border services in the digital economy as its framework convention on tax takes shape, but it remains unclear how countries will define that broad and hotly contested topic as they work toward a treaty.
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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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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.
Expert Analysis
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The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Trump's Best Hush Money Appeal Options Still Likely To Fail
The two strongest potential arguments former President Donald Trump could raise in appealing his New York hush money conviction seem promising at first, but precedent strongly suggests they will still ultimately fail — though, of course, Trump's unique position could lead to surprising results, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Going The Extra Miles: SALT In Review
From a dispute about the borders of Florida's airspace to proposals that would exempt tips from taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits
A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.