State & Local
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Florida, Georgia, Others Peel Back Real Estate Taxes
Voters in seven states approved a spate of real estate tax ballot initiatives on Election Day, including measures that would curb property taxes for veterans, residential property owners and residents of municipalities that fail to enforce nuisance laws.
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November 05, 2024
Cannabis And Psychedelic Reform Bids Fail In Multiple States
Efforts to liberalize cannabis and psychedelic laws via ballot initiatives met with defeat in multiple states on Election Day, dealing a blow to reformers of drug policies.
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November 05, 2024
Oregon Voters Reject New Tax On Big Businesses
Oregon voters declined Tuesday to impose a new minimum tax on large businesses that could have raised $15 billion each biennium with most of the funding used to make annual payments to residents, rejecting Measure 118.
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November 05, 2024
North Dakota Voters Choose To Retain Property Taxation
North Dakota will continue to allow its political subdivisions to levy property tax after voters rejected a constitutional amendment Tuesday that would prohibit its imposition by a subdivision unless it had outstanding debt.
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November 05, 2024
South Dakota Voters Turn Down Grocery Tax Exemption
South Dakota voters rejected a ballot initiative Tuesday that would have exempted food sales from the state's sales tax.
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November 05, 2024
Nev. Voters Approve Sales Tax Exemption For Diapers
Nevada will exempt diaper sales from the state's sales and use tax under a measure approved by voters Tuesday.
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November 05, 2024
Calif. Managed Care Tax Made Permanent By Ballot Measure
California's tax on managed healthcare insurance plans to fund the state's Medi-Cal health program has been made permanent following voter approval of a proposition on Tuesday.
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November 05, 2024
Ill. Voters Back Millionaire Tax In Nonbinding Referendum
Illinois voters supported imposing a higher tax rate on millionaires to fund property tax relief in an advisory referendum Tuesday, a move that could prompt state lawmakers to take another pass at repealing the state's constitutional requirement for a flat income tax.
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November 05, 2024
Ga. Voters Approve Expanded Reach Of State Tax Court
Georgia voters approved a ballot measure Tuesday that will give the state's administrative tax court jurisdiction with the state's superior courts with an amendment to the state constitution.
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November 05, 2024
Washington Voters Reject Repeal Of State Capital Gains Tax
Washington state voters declined Tuesday to repeal the state's embattled tax on capital gains, voting 1,610,148 to 937,050 with 64% of the vote counted against Initiative 2109 and thus allowing the capital gains tax to stand.
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November 05, 2024
Wash. Voters Reject Repeal Of State Cap-And-Trade Law
Washington state voters declined to repeal the state's cap-and-trade program Tuesday, turning down Initiative 2117 by a vote of 1,566,065 to 972,623 with 64% 0f the vote counted.
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November 05, 2024
Ga. Voters Approve Increase To Personal Property Exemption
Georgia will increase its personal property exemption to $20,000 under a referendum approved by voters Tuesday.
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November 05, 2024
Ga. Voters Approve Local Option Homestead Exemption
Georgia will give localities the ability to opt out of a statewide homestead exemption from ad valorem taxes under a ballot measure approved by voters Tuesday.
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November 05, 2024
Calif. Couple Can't Carry Back Or Carry Forward Loss
A California couple's loss in 2017 did not generate a net operating loss that could be carried back to 2015 and 2016 and carried over to 2018 and 2019, the state Office of Tax Appeals ruled, upholding the Franchise Tax Board.
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November 05, 2024
Calif. Seller Can't Retroactively Report Real Estate Gain
A California seller of a $10.6 million property in Beverly Hills may not retroactively choose to report the gain on the sale of the property on an installment basis, the state Office of Tax Appeals ruled, siding with the Franchise Tax Board.
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November 05, 2024
Ill. Dept. Floats Regs To Clarify Aviation Fuel Tax Discount
The Illinois Department of Revenue proposed regulatory amendments to clarify that a sales tax discount isn't allowed for a portion of taxes paid on aviation fuel that is subject to use requirements under federal transportation statutes governing aviation programs.
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November 05, 2024
Montana General Revenues Through Oct. Down $6M
Montana general revenue collection from July through October fell roughly $6 million compared with the same period in the last fiscal year, according to the state Department of Revenue.
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November 05, 2024
Florida Net Revenue Through Sept. Beats Estimate By $226M
Florida's net revenue collection from July through September beat revenue estimates by $226 million, according to a report by the state Office of Economic and Demographic Research.
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November 05, 2024
Iowa Net Receipts Through Oct. Drop $6M From Last Year
Iowa net receipts from July through October fell $6 million from the total for the same period last fiscal year, according to the state Legislative Services Agency.
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November 05, 2024
Calif. OTA Says Ga. Biz Owner Owes Income Tax
A Georgia resident is required to file and pay taxes on California income from a company he partly owned, the California Office of Tax Appeals ruled Tuesday, sustaining the findings of the state Franchise Tax Board.
Expert Analysis
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Frames Of Deference: SALT In Review
From a challenge to New York state regulations that follows on the end of Chevron deference to a court ruling siding with the Nebraska Revenue Department's view of a tax deduction, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Local Taxes And Repercussions: SALT In Review
From a study of local taxes to news that corporations will relocate to tax-friendlier places, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Financial Incentives May Alleviate Affordable Housing Crisis
There is a wide array of financial incentives and assistance that the government can provide to both real estate developers and individuals to chip away at the housing affordability problem from multiple angles, say Eric DeBear and Madeline Williams at Cozen.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Assessing The Practicality Of Harris' Affordable Housing Plan
Vice President Kamala Harris' proposed "Build the American Dream" plan to tackle housing affordability issues takes solid recommendations into account and may fare better than California's unsuccessful attempt at a similar program, but the scope of the problem is beyond what a three-point plan can solve, says Brooke Miller at Sheppard Mullin.