State & Local

Expert Analysis

• Justices Must Apply Law Evenly In Shadow Docket Rulings

  

  In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

• Federal Cannabis Bill Needs A Regulatory Plan To Succeed

  

  The Marijuana Opportunity Reinvestment and Expungement Act, which was passed by the U.S. House of Representatives on Friday, is laudable but fundamentally flawed because it lacks a robust regulatory plan that would allow for bipartisan support, says Andrew Kline at Perkins Coie.

• Ohio Tax Talk: How Small Business Relief Would Work

  

  Yazan Ashrawi and Raghav Agnihotri at Frost Brown discuss how a bill recently approved by the Ohio Senate would reduce federal income tax liability for pass-through entity owners of small businesses, and offer planning considerations for those taxpayers.

• What NJ Taxpayers Should Know About Russia Sanction Law

  

  While several other states' pension funds have moved to divest themselves of Russian financial holdings, New Jersey's new law — swiftly introduced and enacted in response to Russia's invasion of Ukraine — appears to be the first legislation of its kind at the state level to limit economic development and tax incentives for private entities, say attorneys at Baker McKenzie.

• Kentucky Tax Talk: Inside Louisville's New Tax Regulations

  

  Businesses of all sizes should reevaluate their obligations under the Louisville Metro Revenue Commission's new regulations governing local taxes, particularly given some unexpected changes and a stricter approach to the occupational license tax, say attorneys at Frost Brown.

• Mich. Unclaimed Property Rulings Offer Hope For Auditees

  

  Two recent decisions from a Michigan circuit court, holding that commencing an unclaimed property audit does not toll the state's time limit to demand unclaimed funds, may offer property holders a glimmer of relief from burdensome, lengthy audits, say attorneys at Reed Smith.

• Pa. Tax Talk: Ambiguity Issue In High Court Qui Tam Ruling

  

  The most concerning aspect of the Pennsylvania Supreme Court's recent decision in O'Donnell v. Allegheny County, finding that qui tam payments are taxable income, is the majority's steadfast assertion that there is no ambiguity in this interpretation — when the dissenting opinion proves there is, says Jennifer Karpchuk at Chamberlain Hrdlicka.

• Why I'll Miss Arguing Before Justice Breyer

  

  Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

• Texas Tax Talk: Comptroller Appeals May Fuel Litigation

  

  This Texas Supreme Court term has seen a very active comptroller bringing particularly aggressive arguments on appeal, such as those stretching the statutory language for tax liability, in a trend that could force taxpayers to litigate positions they thought were secure, say attorneys at Baker Botts.

• How Justice Breyer Influenced State Tax Jurisprudence

  

  U.S. Supreme Court Justice Stephen Breyer, who announced his retirement last week, leaves behind a series of notable decisions that will continue to shape state and local taxation, especially in the areas of the commerce and equal protection clauses, say attorneys at Eversheds Sutherland.

• Takeaways From 6th Circ.'s RE Tax Foreclosure Ruling

  

  The Sixth Circuit's recent decision in Lowry v. Southfield sheds light on when exactly real estate tax foreclosures can be avoided as fraudulent transfers, and could potentially impede municipalities' ability to collect unpaid property taxes through tax sales, says Scott Bernstein at Skolnick Legal Group.

• Pa. High Court Tax Refund Ruling Leaves Questions

  

  The Pennsylvania Supreme Court's recent General Motors v. Commonwealth tax decision deciding the constitutionality of limitations on net loss deductions and net loss carryovers raises questions about retroactivity, remedies in future cases, and financial statements, says Michael Semes at BakerHostetler.

• Top 10 SALT Developments Of 2021: Part 2

  

  Attorneys at Grant Thornton continue their countdown of the 10 biggest state and local tax issues of 2021, including pass-through entity tax regimes, American Rescue Plan Act tax mandate challenges and the extended tax implications of telework.