State & Local
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October 18, 2024
Ind. City Can't Levy Additional Property Tax For Shortfall
A city in Indiana cannot levy an additional property tax of nearly $1 million to make up for budget shortfalls because those shortfalls do not qualify for the granting of an excess levy, the Indiana Tax Court ruled.
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October 18, 2024
Minn. Tax Court Refuses Big Changes To Parking Lot's Value
The Minnesota Tax Court lowered the assessed value of a parking lot property by about $200,000 to $11.7 million, rejecting arguments for larger changes by the property owner and a county.
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October 18, 2024
Colo. Extends Tax Deadlines For Hurricane Victims
Colorado is delaying deadlines for state taxpayers impacted by hurricanes Helene and Milton, Gov. Jared Polis and the state tax department said Friday.
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October 18, 2024
JetBlue Says Fla. Must Face Claims Against Airline Tax Rules
JetBlue urged a Florida state court to reject the state Department of Revenue's bid to dismiss the company's claims that Florida unconstitutionally taxed the airline's extraterritorial income, saying its case isn't analogous to a dispute from Frontier Airlines that a court dismissed.
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October 18, 2024
Mo. Commission Should Refund Interest, Telecom Co. Says
A Charter Communications entity that was granted a use tax refund of nearly $437,000 because it qualified as a manufacturer should also be granted repayment of the interest that accrued on the refunded taxes, the company told the Missouri Administrative Hearing Commission.
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October 18, 2024
Fla. Delays Tax Deadlines In More Counties Due To Milton
Florida is extending tax due dates for businesses in seven additional counties affected by Hurricane Milton, the state Department of Revenue said, bringing the relief to a total of 24 of the state's 67 counties.
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October 18, 2024
Taxation With Representation: Baker, Simpson, Ropes
In this week's Taxation With Representation, Lundbeck inks a $2.6 billion cash deal for Longboard, Silver Lake agrees to buy Zuora for $1.7 billion, and PPG and American Industrial Partners reach a $550 million deal.
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October 18, 2024
Mass. Tax Dept. Floats Limits On Amnesty For Nonfilers
Massachusetts taxpayers seeking amnesty under a coming program would not be eligible for the program's three-year look-back limit for nonfilers if the state tax department had certain contacts with them, according to a draft notice on the program.
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October 17, 2024
Wash. Justices Say No Addresses Needed For Tax Ballot Items
Washington's secretary of state didn't need to check addresses when validating signatures for five voter initiatives slated for the November ballot, including measures to repeal the state's capital gains tax and to bar income taxes, the state Supreme Court said Thursday.
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October 17, 2024
Illinois Ballot Measure May Reinvigorate Graduated Tax Talks
An Illinois ballot measure that will gauge public interest in imposing a higher tax rate on millionaires to fund property tax relief appears primed to rekindle debates over whether the state's constitutional requirement for a flat income tax should be repealed.
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October 17, 2024
NY Hotel Biz Stuck With $15M Tax Bill After Deductions Denied
A corporation that refurbishes hotels in New York is liable for about $15 million in taxes, a state tribunal said in a decision released Thursday, affirming a ruling that the state's tax agency correctly denied deductions sought by the company.
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October 17, 2024
Mont. Tax Board Upholds Assessment On Storage Facility
The owner of a Montana commercial property used to house storage units was unable to lower its value because the state Tax Appeal Board gave more weight to the state Department of Revenue's valuation using an income analysis.
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October 17, 2024
Ill. Revenue Collection Through Sept. Lags Forecasts By $12M
Illinois' general fund revenue collection from July through September came in below forecasts by $12 million, according to a report by the Governor's Office of Management and Budget.
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October 17, 2024
Idaho Revenue Through Sept. Exceeds Forecast By $66M
Idaho's general fund revenue from July through September beat an estimate by $66 million, the state Division of Financial Management said.
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October 17, 2024
Ore. Tax Dept. Not Bound By IRS Errors, Court Says
Oregon's tax department is not bound by erroneous adjustments made by the Internal Revenue Service to a couple's income tax return, the state's tax court said, saying state law allows the department to adjust state returns.
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October 17, 2024
Conn. Net Revenue Through Sept. Beats Last Year By $123M
Connecticut's net revenue collection from July through September was $123 million higher than it was during the same period last year, according to the state Department of Revenue Services.
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October 17, 2024
Polsinelli Hires McDermott Tax Counsel In DC
Polsinelli PC has hired an attorney who joined the firm's tax group as a shareholder after 12 and a half years with McDermott Will & Emery LLP.
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October 16, 2024
Utah Groups Can't Scrap Corporate Transparency, US Says
A Utah federal court hasn't seen sufficient evidence to block the Corporate Transparency Act's disclosure requirements in presentations by an off-the-grid community, an online meat market and a trade group for cattle producers that have sued over the statute, the federal government said.
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October 16, 2024
Ex-Alderman Can't End Supervised Release For Tax Crime
A former Chicago alderman and attorney who was convicted of tax evasion cannot terminate his court-ordered supervised release, an Illinois federal judge said Wednesday.
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October 16, 2024
Minn. Urges State High Court To Bless $9M DuPont Tax Bill
Minnesota treated DuPont's foreign currency hedging activities correctly in determining apportionment, the state's revenue commissioner told the state Supreme Court, urging it to uphold a $9 million tax court judgment against the company.
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October 16, 2024
NY Tax Collections Through Sept. Up $3B From Last Year
New York's net tax collection from July through September outpaced last year during the same period by $3.1 billion, according to a report by the state Department of Taxation and Finance.
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October 16, 2024
Ky. Revenue Through Sept. Up $50M From Last Year
Kentucky general fund revenue from July through September totaled $50 million more than it did during the same period last year, according to the Office of State Budget Director.
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October 16, 2024
NC Revenue Through Aug. Up $101M From Last Year
North Carolina's total revenue for July and August was $101 million higher than during the same period last fiscal year, according to the Office of State Controller.
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October 16, 2024
Mich. Tribunal OKs Wells Fargo Tax Credit Requested By Mail
Michigan's tax department must allow Wells Fargo Rail Co.'s mailed claim for a property tax credit for maintenance of its railcars, a state tax panel ruled, ordering a $172,000 refund for the company.
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October 15, 2024
Microsoft's Cost-Share Tax Arguments 'Deficient,' Mich. Says
Microsoft failed to adequately flesh out its arguments that cost-sharing agreement receipts from affiliates should be included in its Michigan apportionment formula as licenses of intellectual property, the state's tax agency argued in asking the Michigan Tax Tribunal to toss the company's case.
Expert Analysis
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Kentucky Tax Talk: Budget Focus Cools Tax Reform Efforts
There were some noteworthy tax developments during Kentucky’s legislative session — like the revival of local tax reform and enactment of another tax amnesty program — but major tax initiatives, like those seen in recent years, were largely tabled as legislators focused on establishing the state’s two-year budget, say attorneys at Frost Brown.
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NY Tax Talk: Primary Function Is Key Analysis For Sales Tax
Two sales tax cases recently decided by New York's Appellate Division illustrate why both taxpayers and the state's Department of Revenue subscribe to the primary function test, a logical way to determine whether business transactions are subject to sales tax, say Elizabeth Cha and Jeremy Gove at Eversheds Sutherland.
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Time To Fix NYC's Broken Property Assessment System
A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.
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Strange Notions Bubble Up: SALT In Review
From an assault on North Carolina's phaseout of its corporate income tax to a court ruling on the taxability of sparkling water in Pennsylvania, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Consider 2 Alternative Exit Plans In RE Distress Scenarios
In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.
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SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
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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.