State & Local
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August 01, 2024
Biz Group Seeks Changes To Ore. Corp. Tax Ballot Measure
The explanatory statement for an Oregon ballot measure to impose a new minimum corporate tax and fund rebates to all individuals in the state must include additional information about its financial impact, a business group told an elections panel.
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August 01, 2024
Key State, Local Tax Takeaways From July
From Disney joining IBM's fight to have the U.S. Supreme Court review a New York high court decision that upheld tax on royalties received from foreign affiliates to developments on the taxation of digital products, July was another busy month in state and local tax. Here, Law360 presents key SALT developments to know from the past month.
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August 01, 2024
Alaska Extends Tax Break To Independent Power Producers
Alaska extended its broad tax exemption for public utilities to independent power facilities in a bid to encourage new energy development as part of a bill signed by the governor.
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August 01, 2024
Mass. Panel Upholds Tax On NH Resident During Pandemic
The Massachusetts revenue commissioner was correct to deny an abatement of state taxes for a New Hampshire resident based in a Massachusetts office who worked at home during the COVID-19 pandemic, a state panel said.
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August 01, 2024
Idaho Revenue In Fiscal 2024 Up $53M From Forecasts
Idaho's revenue collection in the 2024 fiscal year was $53 million higher than predicted, according to the state Division of Financial Management.
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August 01, 2024
Mo. Video Service Fee Exemptions Not Retroactive, Cities Say
A new law that exempts streaming and satellite television services from video service provider fees does not render moot a group of cities' claim for back taxes from Netflix, Hulu, DirectTV and Dish, the cities told a Missouri circuit court.
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July 31, 2024
'Tax Avoidance' Fuels Global Reporting Pushback, Pro Says
A lobbying effort from multinational corporations to dissuade states from adopting mandatory worldwide combined reporting aims to keep billions of dollars in profits that were shifted into tax-friendly jurisdictions beyond the reach of tax administrators, a retired researcher from a progressive think tank said Wednesday.
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July 31, 2024
Humana Appeals Fla. Tax On Gain From Failed Aetna Merger
Humana challenged Florida's bid to tax a portion of an $850 million merger termination fee it received from Aetna after a proposed merger ended after a court blocked it, arguing that the capital gain was nonbusiness income that wasn't apportioned to Florida.
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July 31, 2024
Wash. Court To Rethink Gas Chain's Tax Duty On Fuel Cards
A Washington state appeals court said it would reconsider its May decision that a Pacific Northwest gas station chain that issued fuel cards to customers must pay the state business and occupation tax when holders of those cards purchase gas from other participating gas station chains.
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July 31, 2024
Neb. Panel Considers Ending Income, Property Taxes
Nebraska would eliminate its income, corporate income and property taxes and fund the government with a consumption tax as part of a bill debated Wednesday.
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July 31, 2024
Minn. Tax Court Agrees Parking Lot's Value Is $4M, Not $10M
A Minneapolis parking lot would be best valued as a buy-and-hold investment property and thus its assessed value should be lowered from $10.3 million to $3.9 million, the Minnesota Tax Court said.
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July 31, 2024
Minn. Shopping Center's $97M Value Upheld By State Justices
A Minnesota shopping center was correctly valued for tax purposes at nearly $97 million, the state Supreme Court said Wednesday, rejecting the property owner's argument that the valuation should consider a calculation of effective rent instead of market rent.
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July 31, 2024
Ex-Chicago Alderman Should Serve Full Supervision, Feds Say
A former Chicago alderman and attorney convicted of tax crimes should not be allowed an early reprieve from his court-ordered supervision because it has become his main form of punishment following his compassionate release from prison, the government has told an Illinois federal court.
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July 31, 2024
Ohio Tax Board Says Two McDonald's Properties Overvalued
Two Ohio McDonald's restaurants were overvalued by the Lorain County Board of Revision, the state tax appeals board ruled, agreeing with the company's appraisal taking into consideration comparable properties.
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July 30, 2024
States Fail To Advance MTC Project On Trucking Receipts Reg
A Multistate Tax Commission project on creating a model regulation that would allow states to source trucking receipts based on where deliveries occur appears to be shelved after a commission panel narrowly failed Tuesday to approve a motion seeking to further explore the subject.
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July 30, 2024
Ex-HFZ Capital Chief Can't Reduce Bail In $86M Fraud Case
A Manhattan judge on Tuesday denied, for now, a request by the former head of troubled real estate firm HFZ Capital Group to lower a hefty bail requirement so he can get out of Rikers Island while fighting $86 million theft and tax fraud charges.
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July 30, 2024
Legalization Foes Mount New Challenge To NY Pot Program
A group of anti-cannabis activists renewed their challenge to New York's proposal to use public funds to help marijuana retailers launch their businesses, alleging in a new state court lawsuit that the policy violates federal law.
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July 30, 2024
Mo. Hits Revenue Triggers For Continued Income Tax Cuts
Missouri has hit the needed revenue markers for additional tax cuts to be triggered that were passed under bills in 2022, the governor announced Tuesday.
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July 30, 2024
SC County's $5.4B Sales Tax Ballot Measure Called Misleading
Language in a South Carolina county's upcoming transportation sales tax ballot measure projected to raise $5.4 billion and in its enacting ordinance unlawfully mislead voters, environmental groups charge in a suit filed Tuesday.
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July 30, 2024
Ohio Bill Would Create Credit For Property Tax, Rent
Ohio would allow homeowners and renters to claim a refundable property tax credit or rebate if their property tax or rent-equivalent tax exceeds 5% of their household income under a bill introduced in the House of Representatives.
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July 30, 2024
MTC Digital Work Group Examines Taxing Bundled Products
A Multistate Tax Commission work group aiming to harmonize state tax rules for digital products is completing a project on how to tax products that are sold in a bundle, with a goal of having a draft document by September, officials said Tuesday.
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July 30, 2024
Neb. Gov. Defends Property Tax Plan At Committee Hearing
Nebraska's governor testified Tuesday that his plan to fund lower property taxes by broadening the sales tax base and upping some consumption taxes works out to a tax cut, despite objections from tax groups who claim the plan would harm residents and businesses.
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July 30, 2024
Ropes & Gray Adds Partner To Int'l Tax Practice
Ropes & Gray LLP recently added a tax adviser with a wealth of experience navigating transactions, funds and investments for clients as a partner in its New York office, the firm said.
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July 30, 2024
Local Leaders Ask Senate To Extend New Markets Credit
Congress should consider making the new markets tax credit permanent and extending opportunity zones as a way to help local governments, local leaders told the Senate Finance Committee on Tuesday.
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July 30, 2024
Husch Blackwell Hires UB Greensfelder Partner In St. Louis
Several years after Husch Blackwell LLP's newest partner, Garrett Reuter Jr., graduated from law school, he joined Greensfelder Hemker & Gale PC to work alongside his late father. Now, he's bringing clients he grew up watching his father work with, to a new platform.
Expert Analysis
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Kentucky Tax Talk: Clash Over Industrial Supplies Exemption
Recent legislative testimony in Kentucky may cause another battle over the state's sales tax exemptions for industrial supplies, even though the testimony appears to mischaracterize the impact of a major state court ruling that upheld the exemptions, say attorneys at Frost Brown.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Ministry Of Silly Ideas: SALT In Review
From proposals before a District of Columbia tax revision panel to the defeat of an income tax cut in North Dakota, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What Ariz. Ruling Means For Taxation Of Digital Services
The Arizona Supreme Court recently declined to review ADP v. Arizona Department of Revenue, letting stand a state appeals court's ruling that software as a service is a taxable rental of tangible personal property, essentially granting the department of revenue power to tax all digital services, say Karen Lowell and Pat Derdenger at Lewis Roca.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Permanence And Other Elusive Notions: SALT In Review
From a Michigan income tax that may or may not be permanent to a victory in court for online travel companies, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.