State & Local
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September 09, 2024
Tax Panels Face Personnel Changes Ahead Of TCJA Debate
The House and Senate tax-writing committees are both set to lose veteran lawmakers in the next Congress, changing the dynamic on the panels as they gear up for a major fight next year over the fate of the expiring provisions of the Tax Cuts and Jobs Act.
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September 09, 2024
Missouri County Urges Appeals Court To Uphold Cannabis Tax
Missouri's constitution provides that local governments may impose an additional retail sales tax on marijuana, and a dispensary's argument that a county may not do so because it sometimes does not qualify as a local government should be rejected, a county told an appeals court.
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September 09, 2024
Miss. Biz's Transactions Tax Exempt, State Justices Told
A Mississippi business that operates seasonally selling Christmas trees and fireworks told the state Supreme Court that its transactions were tax-exempt yard sales and a lower court erred in ruling that it was subject to the 7% sales tax.
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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.
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September 09, 2024
Ohio Issues Finalized Cannabis Tax Administration Regs
Ohio finalized its regulations governing the state's newly legalized cannabis industry, outlining how taxes will be administered, assessed and recordkeeping requirements for businesses as part of a final rule from the state Department of Revenue published Monday.
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September 09, 2024
Ore. Tax Court Denies Homestead Break For Property
An Oregon homeowner was ineligible for a homestead property tax deferral, the state tax court said, because he did not occupy the home for five years, it was subject to a reverse mortgage and its value topped the county median.
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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.
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September 09, 2024
Colo. Co.'s Gov't Sales Were In Other States, Tax Dept. Says
Sales by a Colorado company to the U.S. government of products delivered to other states are sourced to those states despite storage and final inspection in Colorado, the state revenue department said.
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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.
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September 06, 2024
Federal Tax Policies To Watch In The Rest Of The Year
As Congress returns to Washington, D.C., after the August recess, proposals including disaster tax relief and an agreement to provide tax treaty-like benefits to Taiwanese residents could be readied to be included in year-end legislation. Here, Law360 examines federal tax policies to watch during the last four months of 2024.
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September 06, 2024
NY Tax Dept. Urges Nix Of Paychex Apportionment Challenge
Paychex's bid to invalidate a New York state income apportionment rule is premature because an audit of the company isn't yet final, the state's tax agency argued Friday as it urged a state court to toss the case.
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September 06, 2024
Pipeline Co. Renews NJ Partnership Fee Fight In State Court
A pipeline business opted not to seek U.S. Supreme Court review of a ruling blocking it from challenging New Jersey's partnership filing fee in federal court, choosing instead to revive its case in the state tax court, the company's attorney confirmed Friday.
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September 06, 2024
NY Strip Club Owner Appeals $3.9M Tax To High Court
A New York law requiring corporations to pay disputed sales taxes before seeking judicial review violates the U.S. Constitution and state constitution, a strip club owner seeking an appeal of a $3.9 million assessment told the state's highest court.
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September 06, 2024
Ind. Says Ky. Woman Was Incorrectly Assessed Income Tax
A Kentucky resident who worked for an Indiana-based employer was incorrectly assessed individual income tax because the majority of her gross income was received in her home state, the Indiana Department of State Revenue said.
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September 06, 2024
Ind. Man Still State Resident Despite Traveling For Work
An Indiana resident failed to prove he left his state domicile and established a residence in Missouri, the Department of State Revenue said in a letter of finding rejecting his appeal to abate an individual income tax assessment.
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September 06, 2024
W.Va. Gov. Plans Special Session To Cut Income Tax
West Virginia Gov. Jim Justice said he will call lawmakers to a special session to focus on legislation that would cut the state's personal income tax and implement a child care tax credit.
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September 06, 2024
Taxation With Representation: Debevoise, Bennett, Orrick
In this week's Taxation With Representation, Verizon reaches a deal to absorb Frontier in a deal worth $20 billion, First Majestic agrees to buy Gatos Silver for $970 million, and Epam Systems inks a $630 million purchase of Neoris.
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September 06, 2024
Colo. Ends Sunset On Tax Break For Agricultural Equipment
Colorado permanently extended its personal property tax exemption for qualifying agricultural equipment and included property within a greenhouse under the exemption through legislation signed Friday by Democratic Gov. Jared Polis.
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September 06, 2024
Vialto Partners Member Joins Baker McKenzie As Partner
Baker McKenzie has hired a tax partner in Washington, D.C., from Vialto Partners, a business consulting firm, the firm announced Thursday.
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September 05, 2024
Unconstitutionality Of Transparency Act Clear, 11th Circ. Told
A small business group and one of its members have told the Eleventh Circuit that an Alabama federal judge correctly ruled that the Corporate Transparency Act is unconstitutional, so there was no need for them to demonstrate that the law fails to pass constitutional muster.
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September 05, 2024
Holland & Knight Appoints Former Perkins Coie Tax Partner
Holland & Knight LLP appointed a partner to its Portland, Oregon, office who previously served as a partner in energy tax law for Perkins Coie LLP, the firm announced.
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September 05, 2024
MTC Digital Work Group Ponders Tax Of Bundled Transactions
The Multistate Tax Commission work group aiming to harmonize state tax rules for digital products released a first draft Thursday on procedures for how to tax products that are sold in a bundle, but it has not yet narrowed down specific recommendations for states.
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September 05, 2024
Ind. Hospital Denied Sales Tax Refund For Medical Goods
An Indiana-based hospital can't claim a sales tax refund on purchases of certain medical items, the state Department of Revenue said, finding the items didn't qualify as tax-exempt prosthetics or drugs.
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September 05, 2024
NJ To Offer Brownfield Tax Credits For Solar Projects
New Jersey will bolster its tax credits for its brownfields redevelopment incentive program and grant tax credits to solar energy projects built on closed landfills as part of a bill signed by Gov. Phil Murphy.
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September 05, 2024
Texas Revenues Rise 1% In 2024 Fiscal Year
Texas' general revenue collection from September 2023 through August was roughly 1% higher than it was in the prior fiscal year, the state comptroller's office said.
Expert Analysis
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Constitutional Shenanigans And Other Sports: SALT In Review
From a challenge to New York's end run on a federal law to voters' rejection of a sales tax that would aid Kansas City's major league teams, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Speaking Of Ideas Hard To Swallow: SALT In Review
From a Pennsylvania bill that would force corporate tax disclosure to a proposed candy tax in California, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Neb. Justices Should Weigh IRC Terms In Dividend Tax Case
Nebraska’s highest court, which will hear oral arguments in Precision CastParts v. Department of Revenue on April 1, should recognize that the Internal Revenue Code provides key clues to defining “dividends received or deemed to be received,” and therefore limits Nebraska’s tax on foreign-sourced corporate income, says Joseph Schmidt at Ryan.