State & Local
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July 17, 2024
DC Mayor Allows Council's Tax Plan To Go To Congress
Washington, D.C., Mayor Muriel Bowser returned — without her signature — a plan approved unanimously by the district council to raise taxes on high-end property sales and make other tax and policy changes, sending the matter to Congress for final approval.
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July 16, 2024
NC Panel Affirms Property Tax Valuation For Ashley Furniture
About 300 acres of property belonging to Ashley Furniture in North Carolina were properly valued at about $60 million for tax years 2018 and 2019, a state appeals court panel ruled Tuesday in favor of the state property tax commission.
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July 16, 2024
Va. Tax Head Nixes Assessment On Man For Work In India
A Virginia man was wrongly assessed income tax for services he conducted while living in India, the state's tax commissioner said in a letter ruling published Tuesday.
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July 16, 2024
Capital One Says Lack Of Fla. Ties Warrants Tax Refund
The Florida Department of Revenue should issue Capital One Bank a refund of bank franchise tax because the company did not have a sufficient connection to the state to be assessed the tax, the bank told a state court.
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July 16, 2024
Pa. Court Upholds $23M Value Of Vacant Hospital's Parking
A vacant hospital's parking area in Pennsylvania was properly valued at $23.2 million, the state Commonwealth Court ruled, finding that a trial court had the discretion to apply the sales comparison approach to the valuation.
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July 16, 2024
County Says Pittsburgh Schools Can't Force Reassessment
As one taxing body out of many in Allegheny County, Pennsylvania, the School District of Pittsburgh lacks standing in its lawsuit seeking to force a countywide reassessment of property values, the county said in its preliminary objections to the suit.
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July 16, 2024
Calif. Extends Tax Board's Power To Send Electronic Notices
The California Franchise Tax Board will continue to be allowed to notify taxpayers electronically when statements, bills and other communications are available for online viewing under a bill signed by Gov. Gavin Newsom.
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July 16, 2024
RI Man Must Amend State Tax Return After EITC Rejected
A Rhode Island man was required to file an amended state income tax return after the Internal Revenue Service disallowed his federal earned income tax credit, the state Division of Taxation ruled.
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July 16, 2024
Energy Co. Fights Partnership Losses Denial In NJ Tax Court
An energy company told the New Jersey Tax Court that the state's denial of partnership losses stemming from its interest in a solar energy business was unconstitutional based on precedent outlining the apportionment rules for operational losses between nonunitary entities.
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July 16, 2024
SD General Fund Receipts In 2024 Up $24M From Estimates
South Dakota's general fund receipts in the 2024 fiscal year were roughly $24 million higher than budget estimates, according to the state Bureau of Finance and Management.
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July 16, 2024
Ill. Revenue Surpasses Budget Estimate By $124M
Illinois' total general fund revenue in the 2024 fiscal year outperformed a forecast by $124 million, the state Office of Management and Budget reported.
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July 16, 2024
Rising Star: Skadden's Melinda Gammello
Melinda Gammello of Skadden Arps Slate Meagher & Flom LLP has advised numerous clients before the U.S. Tax Court and elsewhere on complex tax matters, including transfer pricing issues and the treatment of financial transactions within a company, earning her a spot among the tax law practitioners under 40 honored by Law360 as Rising Stars.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 16, 2024
Ind. General Fund Revenue $15M Under Forecast
Indiana's general fund revenue in the 2024 fiscal year totaled $15 million less than a budget forecast, according to the State Budget Agency.
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July 16, 2024
3 Tax Reg Groups That May Be Shaky After High Court Rulings
The U.S. Supreme Court issued two rulings that, when combined, open up long-standing federal regulations to challenges without judicial deference to agencies — a pairing that could weaken several categories of tax rules, including guidance issued under the 2017 federal overhaul. Here, Law360 looks at three batches of tax regulations that may be vulnerable in the aftermath of the high court's decisions.
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July 15, 2024
NRA's Policies Called 'Dumpster Fire' As 2nd NY Trial Opens
The New York attorney general cast the National Rifle Association as unrepentant and unreformed as a second-phase bench trial began in state court Monday, after a jury had found the group and its ex-officers liable for misspending millions.
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July 15, 2024
CarMax Distorted SC Activity To Lower Taxes, Judge Says
CarMax Auto Superstores Inc. used intercompany transactions to distort an entity's business activity and thus its tax burden in South Carolina, an administrative law judge ruled, finding the company should have used an alternative apportionment method to properly calculate income.
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July 15, 2024
Tax, Biz Groups Ask MTC To Toss Draft Truck Sourcing Rule
The Multistate State Tax Commission should scrap or pause its attempt to create an alternative to the current mileage-based sourcing rule for trucking receipts, a tax group and others said during a meeting of an MTC work group Monday.
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July 15, 2024
Pa. Extends Tax Breaks To Longtime Pittsburgh Homeowners
Pennsylvania will expand a property tax relief program to allow longtime homeowners in Pittsburgh to claim tax breaks related to rising real estate taxes under a bill signed by Democratic Gov. Josh Shapiro.
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July 15, 2024
Pa. Property Owner's Tax Appeal Meritless, Court Says
A Philadelphia property owner properly had its appeal of a tax assessment dismissed by a trial court because its complaints were meritless, the Pennsylvania Commonwealth Court affirmed.
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July 15, 2024
IBM Taps Jones Day To Take NY Royalty Tax Fight To Justices
IBM asked the U.S. Supreme Court for more time to submit a petition for review of a New York high court decision that upheld tax on royalties received from foreign affiliates, saying it recently retained Jones Day to handle the case.
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July 15, 2024
Akerman Brings On Chamberlain Hrdlicka Tax Pros In Atlanta
Akerman LLP announced Monday that it picked up a pair of new partners for its tax practice group in Atlanta who were previously with Chamberlain Hrdlicka White Williams & Aughtry.
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July 15, 2024
W.Va. Income Tax Phaseout Triggered By Revenue
West Virginia will continue phasing out the state's income tax after the state met the tax cut revenue triggers, Gov. Jim Justice announced.
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July 15, 2024
Neb. Receipts Trail Estimate By $11M For Fiscal 2024
Nebraska's net general fund receipts for the 2024 fiscal year came in $11 million below a budget projection, the state Department of Revenue said Monday.
Expert Analysis
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Missouri's Big Idea And NY's Online Thought: SALT In Review
From a Missouri bill that could eventually end the state's corporate income tax to a proposed tax on online deliveries in New York City, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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9th Circ. Ruling Legitimizes Classwide Injury In Predominance
The Ninth Circuit's recent ruling that vacated class certification in Van v. LLR makes clear that the question of injury is highly relevant to the predominance analysis, and underscores the importance of making a persuasive argument that injury is individualized within the class, say attorneys at Skadden.
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Ohio Tax Talk: Tax Amendments In Operating Budget Proposal
Starting in 2023, the Ohio House of Representatives' budget bill would amend sales and use, income, and commercial activity tax provisions, so individuals and businesses must monitor its progression, considering the revisions could carry consequences or liability for taxpayers, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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A Tale Of 2 State Tax Sourcing Decisions: The Pa. Court's Path
The Pennsylvania Supreme Court’s recent decision in Synthes v. Commonwealth appropriately effectuated the Legislature's intent that ambiguous provisions in Section 17 of the Uniform Division of Income for Tax Purposes Act be construed to reflect the marketplace for the taxpayer's services, says Bruce Fort at the Multistate Tax Commission.
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A Tale Of 2 State Tax Sourcing Decisions: The Va. Court's Path
The Virginia Supreme Court's textualist approach in Department of Taxation v. R.J. Reynolds diverges from a recent Pennsylvania Supreme Court analysis and mistakenly precludes consideration of the goals and history underlying provisions of the Uniform Division of Income for Tax Purposes Act, says Bruce Fort at the Multistate Tax Commission.
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Digital Ads And Electric Vehicles: SALT In Review
From the latest move toward a tax on digital advertising to a proposed tax on the charging of electric vehicles, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Could The Supreme Court Legalize Marijuana Federally?
Amid slow legislative and executive movement on cannabis reform, it’s worth examining whether the U.S. Supreme Court could provide a pathway to federal cannabis legalization — a decision that would surely require strange bedfellows given the court’s current ideological makeup, say Whitt Steineker and Mason Kruse at Bradley Arant.
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Pennsylvania Is Gathering Momentum On Adult-Use Cannabis
Though Pennsylvania has been relatively slow-moving on cannabis reform, recent support from state leaders and pressure from neighboring states signal that legalization efforts are picking up steam, and could lead to the enactment of adult-use legislation soon, says Devin Malone at Clark Hill.
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Drinking And Driving: SALT In Review
From several proposed tax breaks related to vehicular considerations to one that would aid bourbon distillers in Kentucky, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Kentucky Tax Talk: Trouble With The Incentive Oversight Bill
The potential retroactivity of a bill to increase the transparency and General Assembly oversight of Kentucky’s tax incentive programs would be problematic for businesses that received awards in recent years, despite the legislation being aimed toward future development, say attorneys at Frost Brown.
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Justices' MoneyGram Opinion Could Spur State Legislation
The U.S. Supreme Court’s recent decision that federal law governs the escheatment of over $250 million in unclaimed MoneyGram checks provides clarity for some issuers, but aspects of related common law remain uncertain and states may take the opportunity to pass multistate escheatment legislation, say attorneys at Alston & Bird.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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Biz Purchases In Nebraska, Lobsters In Maine: SALT In Review
From a proposed tax exemption on business purchases in Nebraska to an attempt to punish lobster boycotts in Maine, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.