Tax

  • September 10, 2024

    Corp.'s Stock Transfer Lacked Business Purpose, OTA Affirms

    The California Office of Tax Appeals upheld the Franchise Tax Board's denial of a company's $10 million deduction for the transfer of stock to a settlement fund, saying the transaction lacked economic substance.

  • September 10, 2024

    UK Court OKs Nix Of Partners' Tax Deduction For Amortization

    A lower court was correct in ruling that a trio of U.K. entities that formed a limited liability partnership cannot take a tax deduction for the amortization of intangible assets they contributed to the LLP against their share of the profits, the Upper Tribunal ruled.

  • September 10, 2024

    Ex-Conn. Town Atty Slams Official's Defamation Suit Defense

    The former attorney for Newington, Connecticut, and the town's tax assessor bickered over whether the latter's allegedly defamatory sentiments linked to now-dismissed ethics complaints were made publicly, with the lawyer insisting the statements were made to select groups of individuals and therefore weren't motivated by concern for the municipality's citizens.

  • September 10, 2024

    Werfel Asked To Clarify How To Treat R&D Costs In M&A

    Accounting firm RSM US LLP, in a letter released Tuesday, asked Internal Revenue Commissioner Daniel Werfel to clarify how to treat research and development costs when a taxpayer disposes of an entire business in a mergers and acquisitions transaction.

  • September 10, 2024

    Manatt Phelps Grows Pot Practice With Special Counsel Hire

    Manatt Phelps & Phillips LLP on Tuesday revealed the latest expansion of its cannabis and CBD practice, saying it has hired a former Barclay Damon LLP attorney who specializes in corporate, tax and regulatory issues for clients including retail dispensary licensees, cultivators and multistate operators.

  • September 10, 2024

    House Panel To Consider Axing $600 Payment Reporting Law

    The House Ways and Means Committee is set to consider legislation Wednesday that would repeal a law requiring peer-to-peer payment platforms such as Venmo and PayPal to report aggregate payments of $600 or more, among other bills.

  • September 10, 2024

    FCC Chair Vows High Court Fight Over Universal Service

    Federal Communications Commission Chair Jessica Rosenworcel told educators the agency will ask the U.S. Supreme Court to overturn a recent Fifth Circuit decision against the Universal Service Fund, the federal program that subsidizes telecom service to low-income and hard-to-reach areas.

  • September 10, 2024

    Trailer Co. Seeks Refund Of $4M In Highway Excise Taxes

    The Internal Revenue Service erroneously assessed federal highway excise taxes on a South Dakota trailer manufacturer even though the agency had already determined that the trailers were exempt from the tax, the company told a federal court as it sought a tax refund of some $4 million.

  • September 10, 2024

    IRS Extends Tax Deadlines For NY, Conn. Storm Victims

    Victims of severe storms and flooding in New York and Connecticut will have more time to file some tax returns and make estimated payments, the Internal Revenue Service announced Tuesday.

  • September 09, 2024

    Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes

    The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.

  • September 09, 2024

    Russia Says DC Circ. Ruling Erodes $5B Award To Yukos

    A recent D.C. Circuit ruling that Spain must comply with $395 million in arbitration awards awarded to Yukos Oil's financing arm undermines the company's $5 billion claim against Russia because the country, unlike Spain, never ratified the international treaty on which the court relied, Russia has told a D.C. federal court.

  • September 09, 2024

    Investment Firm Can't Fell Timber Co.'s Carbon Offset Suit

    The North Carolina Business Court has trimmed a timber company's lawsuit accusing a forestland investment firm of overstating land's carbon offset value in a sale, but let most of the claims escape being felled, reasoning that the timber company's complaint alleged plausible accusations of contract violations.

  • September 09, 2024

    Owner Of Mass., NH Eateries Cops To $2M Tax Fraud

    The owner of three restaurants in Massachusetts and New Hampshire has pled guilty to failing to pay approximately $2 million in employment and state and local meals taxes over a six-year period, the U.S. attorney's office in Massachusetts announced Monday.

  • September 09, 2024

    Tax Court's Take Shouldn't Loom Over Kyocera Case, US Says

    The U.S. Tax Court's opinion that allowed a company to treat a gross-up for taxes paid by its foreign subsidiaries as a dividend received goes against what Congress intended and shouldn't be applied to Kyocera's similar claims, the U.S. Department of Justice told a South Carolina federal court.

  • September 09, 2024

    Bradley Arant Adds Katten Partner In Dallas

    Bradley Arant has hired a six-and-a-half-year veteran of Katten Muchin Rosenman LLP who is joining the firm's corporate and securities practice in Dallas as a partner.

  • September 09, 2024

    EU Should Loosen Merger Rules To Compete, Report Says

    The European Union should loosen its merger rules and reform trade policy and the energy market in order to boost EU competitiveness enough to catch up with the U.S. and China, a former European Central Bank president reported Monday.

  • September 09, 2024

    Security Contractor Says It's Owed $3.6M In Worker Credits

    A government contractor sued the U.S. for a nearly $3.6 million tax refund in Maryland federal court, claiming the Internal Revenue Service hasn't responded to its request for pandemic-era employee retention credits for the first three quarters of 2021.

  • September 09, 2024

    Ore. Tax Court Nixes Parcel Owners' Bid To Raise Valuation

    The Oregon Tax Court rejected an attempt by owners of a property to increase its tax valuation, saying the owners failed to show they were aggrieved by the valuation and did not first appeal to the local assessment board.

  • September 06, 2024

    2nd Circ. Won't Revive Solar Cos.' National Grid Tax Suit

    The Second Circuit declined to revive one of two proposed class actions brought by solar companies against National Grid alleging it illegally charged them for taxes in an effort to dampen competition from renewables, finding on Friday that the district court properly determined it lacked subject matter jurisdiction.

  • September 06, 2024

    Calif. Gov. Targets Hemp Intoxicants With Emergency Ban

    California Gov. Gavin Newsom on Friday announced emergency regulations banning products derived from industrial hemp that contain any intoxicating cannabinoids, and setting an age minimum of 21 years to purchase hemp products.

  • September 06, 2024

    $111M Tax Fraud Scheme's Ringleader Sentenced To 14 Years

    The leader of a scheme to steal the identities of taxpayers and pose as their accountants to commit $111 million in tax fraud was sentenced Friday to more than 14 years in prison by a Texas federal judge, according to the U.S. Department of Justice.

  • September 06, 2024

    IRS Urges Safe And Legal Sports Betting As NFL Kicks Off

    With the professional football season just barely underway, and in the wake of a few bombshell betting scandals, IRS Criminal Investigation is reminding the public to bet safely and legally, warning that illegal gambling activities can lead to criminal charges ranging from money laundering to tax evasion.

  • September 06, 2024

    FDII Covers Overseas Services For US Gov't, Memo Says

    Government contractors that provide services to U.S. operations overseas are allowed to claim the deduction for foreign-derived intangible income, the IRS said in one of two internal memos released Friday that address foreign income issues.

  • September 06, 2024

    Colo. Counties Sue State Over $25M Mining Tax Fund Transfer

    Seven Colorado counties filed a lawsuit in Denver District Court on Thursday against the state over legislation transferring $25 million in revenue generated by a tax on mineral extraction, wiping out a fund on which the counties "have come to heavily rely" and warning of severe consequences for their communities.

  • September 06, 2024

    Steptoe Adds Co-Leader To Restructuring & Insolvency Group

    Steptoe LLP has expanded its transactions and tax practice by hiring a New York-based partner as a co-leader of the firm's insolvency and restructuring team.

Expert Analysis

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 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.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • 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.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • 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.

  • 'Brownfields' Definition Key To Energy Community Tax Credits

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    As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.

  • Opinion

    Giving The Gov't Drug Patent March-In Authority Is Bad Policy

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    The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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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.

  • Series

    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.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • How 'As Such' Changes LPs' Self-Employment Tax Exposure

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    In light of the U.S. Tax Court’s recent Soroban Capital Partners decision hinging on "as such" to define the statutory limited partners exemption, state law limited partnerships should consider partners' roles and responsibilities before determining whether they are obligated to pay self-employment income tax, say attorneys at Morgan Lewis.

  • 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.

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

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