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Tax
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March 15, 2024
IRS Asked To Change Effective Date In Part-Time Worker Rule
The effective date for proposed IRS rules on participation of long-term, part-time employees in retirement plans would violate administrative law if not changed in final regulations, an attorney speaking for a benefits organization told the agency and the U.S. Treasury Department at a hearing Friday.
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March 15, 2024
Trump's NY Trial Delayed After Late Document Dump
A New York judge on Friday postponed for at least several weeks the Manhattan district attorney's hush money trial against Donald Trump, citing a last-minute deluge of discovery from federal prosecutors.
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March 15, 2024
Feds Want 6 Years For 'Poster Boy' Of Mass. Police Corruption
Boston federal prosecutors have recommended nearly 6 years in prison for a former Massachusetts trooper who they say is the living embodiment of police misconduct in light of his trial convictions for stealing overtime pay, lying on his taxes and cheating to get student financial aid for his son.
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March 15, 2024
Attys, Broker Fight For Advice-Of-Counsel Defense In Tax Trial
Two St. Louis attorneys and a North Carolina insurance agent staring down criminal tax charges in North Carolina federal court said the government can't prevent them from relying on advice-of-counsel defenses at their upcoming trial, arguing they've handed over all the information prosecutors need to prepare.
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March 15, 2024
DOL Says PBGC Overpayment Returns Don't Violate ERISA
The U.S. Department of Labor's employee benefits arm says it won't take enforcement action against pension plans that return overpayments made by the nation's pension backstop agency during the COVID-19 pandemic, as Congress continues to probe an accidental $127 million overpayment to a Teamsters plan.
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March 15, 2024
$3B In Employment Tax Credits Claimed In Scheme, Feds Say
Three New Jersey men who said they were leaders of religious and charitable organizations fraudulently claimed nearly $3 billion in employment tax credits from a federal pandemic loan program, according to a criminal complaint filed in New Jersey federal court.
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March 15, 2024
Direct Hit On Tax Regs Unlikely If Justices Ditch Chevron
A decision from the U.S. Supreme Court later this year on two cases challenging the so-called Chevron doctrine, which gives federal agencies wide latitude to interpret ambiguous laws, isn't likely to immediately affect tax regulations.
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March 15, 2024
Colombia, Norway Aim To Harmonize UN And OECD Tax Work
Colombia and Norway are aiming to bring the best aspects of the OECD's tax work into negotiations at the United Nations while drafting a framework convention on global tax cooperation, officials said Friday during a conference in Paris.
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March 14, 2024
Tupperware Pans Investor Suit Over 'Small' Accounting Errors
Tupperware wants to dismiss a proposed class action accusing it of damaging investors by knowingly issuing misleading financial reports, arguing the suit fails to show it acted with ill intent when releasing the allegedly inaccurate information to the public, and that its restatements did not actually hurt shareholders.
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March 14, 2024
Taiwanese Gov't Proposes Filing Of Electronic Invoicing
The Taiwan government's executive branch approved a draft amendment to the island's Value-added and Non-value-added Business Tax Act that would require businesses to file electronic invoices on an open database, the Ministry of Finance announced Thursday.
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March 14, 2024
Economists Suggest UN Tackle CFC Rules, Other Tax Policies
Governments should look at coordinating globally on controlled foreign corporation rules, economic substance requirements, financial transparency, excess profits taxes, inheritance taxes and wealth taxes in negotiations on the nascent United Nations tax convention, economists said Thursday at a conference in Paris.
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March 14, 2024
Wealth Tax, Stiff Biz Tax Could Fund Climate Fight, Study Says
Governments could generate the $500 billion experts think developing countries would need annually to fund the fight against climate change with a 2% global minimum tax on billionaires and a 20% global minimum tax on corporations with no exclusions, the EU Tax Observatory said Thursday.
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March 14, 2024
Trump's NY Trial May Be Delayed After Document Dump
The Manhattan district attorney on Thursday proposed delaying former President Donald Trump's hush money trial by up to 30 days after federal prosecutors recently disclosed tens of thousands of pages of documents related to the past criminal case of a key witness, ex-Trump attorney Michael Cohen.
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March 14, 2024
Ore. Skateboard Church Denied Tax Break Over Late Purchase
A tax-exempt Oregon church serving Portland skateboarders is not entitled to a property tax exemption because it did not own its property before the statutory deadline for commencing its charitable activities, the Oregon Tax Court has decided.
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March 14, 2024
Trump Hush Money 'Half Mary': Blame The Lawyers, Sort Of
Donald Trump's informal advice-of-counsel defense in the criminal hush money case in New York is a potentially risky, long-shot attempt at "having it both ways" by blaming his lawyers without having to testify or divulge details of their relationship, experts say.
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March 14, 2024
EU Law No Hindrance To Interest Rule, Says ECJ Adviser
European Union law does not preclude national legislation restricting the ability of taxpayers to deduct interest on a loan that is taken out for non-commercial reasons, an adviser to the bloc's Court of Justice found Thursday.
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March 13, 2024
Mich. Justices Open To Counties' Foreclosure Liability Fears
Two members of the Michigan Supreme Court seemed sympathetic to Michigan counties urging the court to limit their liability for holding onto surplus tax foreclosure proceeds, highlighting during oral arguments that counties were following state law in a practice that was later deemed unconstitutional.
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March 13, 2024
Colo. Fees Are Really Taxes, Conservative Group Tells Judge
Colorado's upcoming fees on retail deliveries, short-term vehicle rentals and ride-hailing services violate the state Taxpayer's Bill of Rights and other provisions in state law, a conservative group has told a state judge in seeking a trial.
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March 13, 2024
6th Circ. Told Woman Helped Life Partner Avoid $3M In Taxes
The federal government justifiably sold off the property of a woman who paid for it with money from her dead long-term life partner, the U.S. government told the Sixth Circuit on Wednesday, saying the purchase helped her partner skirt more than $3 million in tax liabilities.
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March 13, 2024
JCT Indicates Pillar 1 Is Bad Deal For US, GOP Lawmakers Say
An analysis of the Organization for Economic Cooperation and Development's Pillar One taxing rights overhaul by congressional scorekeepers makes clear the plan should not receive U.S. support because it would disadvantage U.S. multinationals and federal tax revenue, Republican leaders of Congress' taxwriting committees said Wednesday.
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March 13, 2024
Wash. Assessor Was Wrong To Deny COVID Relief, Hotels Say
A business group representing Washington hotels told a state court that a county assessor erred when he refused to lower the 2020 property assessments for hotels in the area due to financial losses stemming from the coronavirus pandemic.
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March 13, 2024
Ore. Tax Court Restores Property Value To Local Assessment
Neither the owner of a residential riverfront property in Oregon nor a county assessor showed enough evidence to change the county's $72,000 valuation, the Oregon Tax Court has ruled, rejecting the higher value found by the court's magistrate division.
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March 12, 2024
'Schrodinger's Gun' Beats ATF Bid To Defeat Pistol-Brace Suit
A firearms retailer can move forward with its lawsuit challenging the Biden administration's rule change classifying pistols fitted with stabilizing braces as short-barreled rifles, a Florida federal judge ruled, saying the "bar for overcoming" a Second Amendment claim "has recently been raised — significantly."
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March 12, 2024
Trump Floats Quasi-Advice Of Counsel Defense For NY Trial
Donald Trump's attorneys told a New York judge they will argue that he lacked intent to commit the felonies alleged in his hush money case because the former president knew he had attorneys involved in the payoffs to women during his 2016 election campaign, but that it's not quite an advice-of-counsel defense.
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March 12, 2024
NC Software Execs Convicted Of Payroll Tax Crimes
Two former software executives in North Carolina were convicted Tuesday of failing to pay hundreds of thousands of dollars in employment taxes, but were absolved of charges that they lied on their individual tax returns, bringing to a close their five-day trial in Charlotte's federal courthouse.
Expert Analysis
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Ohio Tax Talk: Building On Federal Affordable Housing Credit
Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Opinion
LA's High-Value Real Estate Transfer Tax Should Be Scrapped
Los Angeles’ recently implemented high-value property transfer tax has chilled the real estate market, is failing to meet revenue expectations and raises significant constitutional concerns, making it a flawed piece of legislation that should be invalidated, says attorney Paul Weinberg.
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Avoiding Negative Tax Consequences In Loan Modifications
Borrowers who may be caught in the dramatic uptick in nonperforming commercial real estate loans should consider strategies to avoid income and capital gains tax that may be triggered by loan modifications, says Aman Badyal at Glaser Weil.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Chapter 100 Incentives Can Offer Relief For Mo. Solar Projects
Although the Missouri Supreme Court's decision last year in Johnson v. Springfield Solar 1 overturned the state's tax exemption for solar energy systems, solar developers may still be able to use other mechanisms, like Chapter 100 incentives, to offset project costs, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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Benefits And Beyond: Fixing Employee Contribution Failures
Employers must address employee contribution failures promptly in order to avoid losing significant tax benefits of 401(k) or 403(b) plans, but the exact correction procedures vary depending on whether contributions were less than or greater than intended, say attorneys at Seyfarth Shaw.
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Now Is The Time For State And Local Sales Tax Simplification
In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Recent Bills Show Congress' Growing Maturity On Cannabis
Though two recently introduced cannabis reform bills, the Prepare Act and the Small Business Tax Equity Act, are unlikely to pass in this Congress, they demonstrate a new level of focus and sophistication on the part of lawmakers as it relates to cannabis at the federal level, says Irina Dashevsky at Greenspoon Marder.
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What To Make Of IRS' New Advance Pricing Guidance
Recent guidance on the IRS' goals for its advance pricing agreement system provides helpful insight into review and decision-making procedures for advance pricing agreement requests, but it also raises questions about the IRS' objectives, say Richard Slowinski and Stefanie Kavanagh at Alston & Bird.
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Reserved Investor Fund Would Plug Gap In UK Finance Market
The reserved investor fund recently proposed by HM Treasury has the potential to be a welcome tax-efficient addition to the U.K.’s canon of products for real estate investments, with attractive features for companies and, in particular, large asset managers, say lawyers at Herbert Smith.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.