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Tax
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September 03, 2024
9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale
The bankruptcy court is not authorized to use the pro rata method to allocate proceeds between the IRS and an estate with a tax lien for unpaid taxes and penalties, the Ninth Circuit ruled Tuesday, saying there is nothing in bankruptcy law that explicitly allows this approach.
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September 03, 2024
Debtor's Late-Filing Case Should Be Reviewed, Justices Told
Tax experts urged the U.S. Supreme Court to review a Ninth Circuit decision that found late-filed returns prevented a taxpayer from discharging his federal tax debt in bankruptcy, saying the case reflects a decades-long debate that has split the circuits three ways.
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September 03, 2024
Ind. Tax Board Upholds Assessment On Office Space
The owner of a commercial property in Indiana can't lower its assessed value by arguing that the income generated at the property warranted a reduction, according to a state Board of Tax Review decision published Tuesday.
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September 03, 2024
Lumen Says $2B Colo. Tax Valuation Ignores Losses
Taxable property of telecommunications company Lumen Technologies was overvalued in Colorado at more than $2 billion, the company told a state court, arguing for an income approach to the valuation that reflects the company's significant financial losses.
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September 03, 2024
Trump Loses Renewed Bid To Take Hush Money Case Federal
A New York federal court on Tuesday denied former President Donald Trump's bid to move the state's hush money case against him to federal court, ruling that the U.S. Supreme Court's July holding laying out grounds for immunity did not sway his opinion that the payments were "unofficial acts."
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August 30, 2024
$100M Deal Finally Ends MoneyGram Unclaimed Property Fight
Delaware will be giving back more than $100 million from uncashed MoneyGram checks to the states where they were bought after finally reaching a settlement with 29 other states that took the matter all the way to the U.S. Supreme Court.
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August 30, 2024
Partnership Can't Save Premature Tax Court Appeal, Feds Say
The IRS is urging the Eleventh Circuit to throw out a Tax Court appeal that a partnership formed by two former Atlanta Braves players filed over a slashed $47.6 million conservation easement deduction, since the appeal was improperly filed before a final decision was entered.
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August 30, 2024
Alvarez & Marsal Appoints Tax Experts As Managing Directors
Alvarez & Marsal Tax LLC appointed tax experts from Anderson and Deloitte as its new managing directors, the firm announced.
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August 30, 2024
Danish Gov't Pledges No Ponzi Analogies At $2.1B Tax Trial
The Danish tax authority won't compare pension funds, investors and attorneys it has accused of defrauding Denmark in a $2.1 billion tax refund scheme to a Ponzi scheme or infamous perpetrator Bernie Madoff, it said Friday in New York federal court.
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August 30, 2024
US Seeks Trade Talks In Dispute Over Canada's Digital Tax
The Office of the U.S. Trade Representative announced Friday that it has requested dispute settlement discussions with Canada regarding the country's recently enacted digital services tax, which the USTR claims discriminates against U.S. companies.
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August 30, 2024
Whistleblower Seeks 2nd Bid At $690M Claim In DC Circ.
A whistleblower denied up to $690 million, or 30%, of the $2.3 billion collected in an Internal Revenue Service offshore voluntary disclosure program asked for a D.C. Circuit panel to rehear his case Friday, saying its original opinion included numerous mistakes and misunderstandings.
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August 30, 2024
Texas Justices Won't Hear Truck Co.'s $1M Tax Exemption Bid
The Texas Supreme Court on Friday denied a freight transportation company's request for the justices to consider whether the company is exempt from state franchise tax and owed a roughly $1 million refund.
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August 30, 2024
AT&T Says Colo. Overvalued Property By $33M
Colorado incorrectly overvalued the statewide property of AT&T by about $33 million for property tax purposes, the company said in a lawsuit in state court, arguing for a valuation of less than one-third of the state's valuation.
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August 30, 2024
Trump's Bid To Move Hush Money Case Could Backfire
Donald Trump's renewed bid to persuade a federal court to intervene in the Manhattan district attorney's hush money prosecution faces slim odds and could ultimately be deemed a frivolous filing that exposes his attorneys to potential sanctions, experts told Law360.
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August 30, 2024
Colorado Pipeline Co. Fights $312M Property Valuation
A Colorado-based pipeline company said the state's Division of Property Taxation wrongly assessed its property at $312 million for tax year 2024, an increase of about $140 million from last year, in a complaint filed in state district court.
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August 30, 2024
Mich. Justices Won't Weigh In On Income Tax Cut's Duration
The Michigan Supreme Court will not review a lower appeals court's decision that found a revenue-triggered cut to the state's income tax rate in 2023 was in effect for only one year, the justices said Friday.
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August 30, 2024
Rule Aims To Widen Low-Income Green Electricity Tax Credits
Geothermal, hydropower, nuclear fusion and nuclear fission projects would be among the types of electricity facilities that could be eligible for clean electricity low-income community bonus credit amounts starting in 2025, the Internal Revenue Service and U.S. Treasury Department said in proposed rules released Friday.
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August 29, 2024
4th Circ. Won't Revive Whistleblower's Credit Suisse Tax Suit
The Fourth Circuit upheld the dismissal of a former Credit Suisse employee's whistleblower case that alleged the Swiss bank continued to help clients evade taxes after it made a related plea deal with the U.S., saying a 2023 U.S. Supreme Court decision on the False Claims Act could not save the case.
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August 29, 2024
Convicted Drexel Prof Says Records Would've Swayed Jury
A Drexel University accounting professor convicted on charges of tax evasion and filing false tax returns after the government accused him of failing to report $3.3 million in income from a Trenton pharmacy has asked a New Jersey federal judge for a new trial.
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August 29, 2024
GAO Suggests IRS Improve Retirement Account Oversight
The Internal Revenue Service needs to beef up its oversight of conflicts of interest between fiduciaries and individual retirement account investors, according to a U.S. Government Accountability Office report.
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August 29, 2024
Colo. Group Asks US Justices To Revive Ballot Law Dispute
A Colorado organization asked the U.S. Supreme Court to review a lower-court decision upholding a state law requiring financial impacts be included in the titles of some tax-related ballot initiatives.
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August 29, 2024
Couple Not Entitled To Seek $480K Refund, US Tells 5th Circ.
A couple claiming they paid their tax bill should not be allowed to sue the Internal Revenue Service for a refund in a federal district court, the government told the Fifth Circuit on Thursday, saying the agency thinks the couple still owes about $480,000.
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August 29, 2024
Colo. Lawmakers OK Further Property Tax Rate Cuts
The Colorado Legislature approved a bill Thursday that would cut assessment rates and limit local property tax growth as part of an agreement to stop two ballot initiatives critics say would devastate funding for schools and other local services.
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August 29, 2024
Churches Attack Nonprofit Politics Ban As Unconstitutional
Churches and Christian advocacy groups asked a Texas federal court to declare unconstitutional a provision in the Internal Revenue Code that prevents tax-exempt nonprofits from endorsing political candidates, saying the IRS discriminates against conservative religious groups and churches in applying the law.
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August 29, 2024
IRS Corrects Partnership Conservation Easement Limit Rules
The Internal Revenue Service issued corrections Thursday to finalized rules that curb the conservation easement tax deduction claimed by certain partnerships under the Secure 2.0 Act.
Expert Analysis
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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New Hydrogen Regulations Show The Need For IP Protections
The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.
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DC's Housing Tax Break Proposal: What's In It, What's Missing
Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Opinion
Biden Admin's March-In Plan Would Hurt Medical Innovation
The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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US-Chile Tax Treaty May Encourage Cross-Border Investment
Provisions in the recently effective U.S.-Chile bilateral income tax treaty should encourage business between the two countries, as they reduce U.S. withholding tax on investment income for Chilean taxpayers, exempt certain U.S. taxpayers from Chilean capital gains tax, and clarify U.S. foreign tax credit rules, say attorneys at Kramer Levin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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How 3 New Laws Change Calif. Nonprofits' Legal Landscape
Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Planning A Defense As IRS Kicks Off Sports Losses Campaign
Sports team owners and partnerships face potential examination under the Internal Revenue Service’s recently announced sports industry losses campaign, and should be preparing to explain what drove their reported losses and assembling documentation to support their tax return positions and accounting methods, say Sheri Dillon and Jennifer Breen at Morgan Lewis.
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What New Calif. Strike Force Means For White Collar Crimes
The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.