Tax

  • November 15, 2019

    3 Takeaways As Uber, NJ Square Off Over $650M Tax Tab

    New Jersey has hit Uber with a $650 million bill stemming from years of unpaid unemployment and disability taxes in a blockbuster assessment that experts say will reverberate throughout the gig economy and across the country.

  • November 15, 2019

    White House Floats Price Transparency Rule For Health Plans

    The Trump administration proposed a rule Friday that would require health insurance plans to publicize their in-network and out-of-network rates and post cost-sharing information online by request.

  • November 15, 2019

    Ill. Legislature Fails To Hand Chicago Requested Tax Changes

    The Illinois legislature has ended its veto session without taking up requested tax proposals made by the Chicago mayor, which included structural changes to the city's real estate transfer and casino taxes.

  • November 15, 2019

    Senate Bill Aims To Reduce Indian Medical Staffing Shortages

    Sens. Tom Udall, D-N.M., and Lisa Murkowski, R-Alaska, put forward legislation Friday that aims to address health care staffing shortages at the Indian Health Service by providing tax breaks for two education programs.

  • November 15, 2019

    Bank Group's Bankruptcy Estate Gets Refund, Justices Told

    State agency law, not federal case law, applies in awarding a $4.1 million tax refund to the bankruptcy estate of a banking group rather than to its defunct subsidiary, the bankruptcy trustee has told the U.S. Supreme Court.

  • November 15, 2019

    MVP: MoFo's Mitchell Newmark

    Mitchell Newmark of Morrison & Foerster LLP's state and local tax group successfully argued an appeal for Lorillard Tobacco Co. in the New Jersey Tax Court and crafted the strategy and arguments that led the same court to reject a nearly $5 million tax assessment levied against automaker Daimler AG, earning him a spot as one of Law360's 2019 Tax MVPs.

  • November 15, 2019

    Spencer Fane Adds 9 Attys From Folding Hiersche Hayward

    Spencer Fane LLP has announced it will add nine attorneys to its Plano, Texas, office from the Dallas firm Hiersche Hayward Drakeley & Urbach PC, which is shuttering.

  • November 15, 2019

    Trump Asks Justices To Halt Business Records Subpoena

    President Donald Trump asked the U.S. Supreme Court on Friday to pause the enforcement of a subpoena by the House Oversight and Reform Committee seeking eight years of his business records from his longtime accounting firm, according to his attorney.

  • November 15, 2019

    Taxation With Representation: Gibson, Cleary, Latham

    In this week’s Taxation With Representation, Compagnie de Saint-Gobain SA pays $1.4 billion for a drywall maker, an Apollo Global Management affiliate takes Tech Data private for $5.4 billion and a blank check company buys Grid Dynamics International.

  • November 15, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Libya's sovereign wealth fund sue Credit Suisse amid a long-running bribery battle, retailer Sports Direct take on its former accountant Grant Thornton, and a host of underwriters file claims against a shipowner and its bank a month after winning a case over a fake pirate attack. Here, Law360 looks at those and other new claims in the U.K.

  • November 14, 2019

    Trump Panama Hotel Suit Plows Ahead in NY, As Stay Is Nixed

    A Manhattan federal judge waived off a bid to stall discovery in fraud litigation brought by owners of luxury hotel units in Panama after they argued that President Donald Trump's management companies had violated a previously-agreed-upon pause.

  • November 14, 2019

    Class Attys In Geico Tax Suit Deserve $6.3M Fees, Judge Says

    A Florida magistrate judge has recommended a $6.3 million award for the attorneys who secured a $6.5 million judgment over allegations that Geico shorted drivers by failing to pay sales tax and transfer fees on totaled leased vehicles.

  • November 14, 2019

    Wis. Cities, Towns Ask Out Of Tribes' Property Tax Suit

    Six Wisconsin cities and towns have asked a federal judge to dismiss them from a suit brought by Chippewa tribes over property tax collection on tribal lands, saying they shouldn't be included for simply following state law.

  • November 14, 2019

    Illinois Tax Break For Jet Parts Flies Through State Senate

    Illinois lawmakers on Thursday approved a bill that would retroactively forgive an estimated $50 million in sales and use taxes owed by certain airplane repair shops that were unaware they had to start collecting the taxes on parts in 2015.

  • November 14, 2019

    Wash. Localities Sue To Stop $4.2B Vehicle Tax, Fee Cuts

    Multiple Washington state localities have lodged a state court challenge to the constitutionality of a ballot measure that lowers or eliminates vehicle taxes and fees and will reduce state and local revenue by $4.2 billion over the next six years.

  • November 14, 2019

    Trump 'Absolutely Immune' From NY Tax Probe, Justices Told

    President Donald Trump asked the U.S. Supreme Court on Thursday to find that he has “absolute immunity” from criminal investigations while president and to block the Manhattan district attorney's subpoena of tax and financial records from his accounting firm. 

  • November 14, 2019

    MVP: Dakessian Law's Mardiros Dakessian

    Mardiros "Marty" Dakessian of Dakessian Law Ltd. scored a major victory this year in a Los Angeles tax dispute over whether a business was considered a wholesaler or retailer, which led to the reversal of a long-standing city policy, earning him a spot as one of Law360's 2019 Tax MVPs.

  • November 14, 2019

    NY Hits Tech Retailer B&H With Tax Dodge Suit Over Rebates

    New York Attorney General Letitia James accused the largest non-chain photo and video equipment retailer in the country of shortchanging the state on sales tax for more than a decade in a New York False Claims Act lawsuit filed in state court on Thursday.

  • November 14, 2019

    EU Parliament Wants Tracking Of EU Sales To Fight VAT Fraud

    The European Parliament on Thursday submitted amendments to the European Commission that are designed to fight value-added tax evasion by forcing online platforms to maintain data on transactions they facilitate.

  • November 13, 2019

    DC Circ. Again Denies Trump Bid To Block Records Subpoena

    The House oversight committee can enforce a subpoena seeking eight years’ worth of President Donald Trump's business records, a divided D.C. Circuit said Wednesday, setting up a potential appeal to the U.S. Supreme Court.

  • November 13, 2019

    Mass. House Approves Taxing Of E-Cigarettes, Vapor Products

    Massachusetts would impose an excise tax on electronic cigarettes, vaping pens and other vapor products under a bill that the state's House of Representatives approved Wednesday, following on a temporary vaping ban by the governor.

  • November 13, 2019

    After Threats, Crypto User Reports Reprieve From IRS

    The Internal Revenue Service recently provided tax refunds to some cryptocurrency users who complied with letters sent by the agency as part of a crackdown on reporting requirements, representatives of a software company told Law360 on Wednesday. 

  • November 13, 2019

    Seyfarth Can Escape Tax Shelter RICO Suit, 7th Circ. Says

    An insurance executive failed to make a racketeering case against Seyfarth Shaw LLP over bad tax shelter advice, the Seventh Circuit has ruled in partly affirming a lower court's dismissal of the suit because the executive didn’t prove ongoing fraud.

  • November 13, 2019

    Revenue Sharing Allowed In Indian Gaming Pacts, Calif. Says

    States can impose tax-like revenue sharing fees on Native American gambling proceeds and are not prohibited by federal law from including the issue in negotiations with state tribes over gambling agreements, the California government has told a federal court.

  • November 13, 2019

    Ego Is Blocking Passage Of SECURE Act, Senator Says

    The egos of some senators are preventing Congress from passing the SECURE Act, which would authorize multiemployer defined contribution plans, among other changes to retirement plans, Sen. Ben Cardin, D-Md., said Wednesday at a conference in Washington, D.C. 

Expert Analysis

  • NJ Tax Talk: Benefits Case Advances Spousal Liability Relief

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    Under New Jersey law a taxpayer is liable for a spouse’s understatement on a joint return, but a recent U.S. Tax Court opinion offers hope that innocent spouse relief may become available as a court-fashioned remedy, say Jennifer Lota and Melanie Lupsa of Cole Schotz.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • Calif. Amended Software Tax Regs Have Major Flaws

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    The California Department of Tax and Fee Administration's proposed amendments to a sales tax regulation for technology transfer agreements recently received an icy reception indicative of the regulation's flaws and inconsistencies with prior court rulings, say Eric Coffill and Alexandra Louderback of Eversheds Sutherland.

  • NY Tax Minutes: Trump Tax Updates, End To SALT Cap Suit

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    This month's New York tax news features President Donald Trump — who seeks to change his tax domicile to Florida and continues lawsuits to prevent disclosure of his state tax returns — and a dismissal of the state's lawsuit challenging the federal cap on state and local tax deductions, say Timothy Noonan and Craig Reilly of Hodgson Russ.

  • Some Progress In Battle For Cannabis Biz Tax Deductions

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    Cannabis taxpayers saw some promising developments recently in legislation allowing state-level tax deductions for cannabis business expenses and a U.S. Tax Court opinion — Northern California Small Business Assistants v. Commissioner — that indicates skepticism regarding the constitutionality of the federal ban on these deductions, says Jennifer Benda of Hall Estill.

  • Unpacking Democratic Presidential Candidates' Tax Proposals

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    Academic reports of wealth and income inequality, and projected federal budget deficits have attracted significant political interest, particularly among the Democratic presidential candidates. Harry Gutman at Ivins Phillips compares the most prominent tax proposals and discusses the prospects for legislative action.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Taxation Of Student-Athletes: Untangling Law And Policy

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    In reaction to California’s new law allowing student-athletes to accept paid endorsements, a U.S. senator is introducing legislation to tax athletic scholarships. The ensuing discussion shows that the current tax treatment of scholarships is not well understood, says professor Samuel Brunson of Loyola University Chicago School of Law.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.