Tax

  • December 06, 2019

    US Safe Harbor Proposal Could Upend OECD Global Tax Talks

    An unexpected proposal from the U.S. to enact the OECD’s planned new international corporate tax as an optional safe harbor befuddled many experts, who questioned whether such a policy would be feasible or achieve any of the project’s goals.

  • December 06, 2019

    1st Circ. Revives Protest Of RI Tolls, Saying They Aren't Taxes

    Rhode Island bridge and highway tolls aren’t taxes and can be blocked by a court order, the First Circuit has ruled, reversing a district court decision that held such an order violates federal law limiting interference of state tax laws.

  • December 06, 2019

    US Seeks Repayment, Industry Bar For 3 In 'Goodwill' Scheme

    Three men who engaged in a business deduction tax scheme that cost the U.S. more than $9 million should be barred from the tax preparation industry and repay the amounts they collected, the U.S. recently told a California federal court.

  • December 06, 2019

    Justices Halt House Subpoenas For Trump's Bank Records

    House committees seeking President Donald Trump’s financial information from Deutsche Bank and Capital One for an investigation into international money laundering and foreign influence must wait to enforce subpoenas, the U.S. Supreme Court ordered late Friday.

  • December 06, 2019

    Taxation With Representation: Covington, Simpson, Weil

    In this week's Taxation With Representation, Japan's Astellas Pharma shells out $3 billion for a California drugmaker, Revelstoke Capital Partners raises $1.4 billion for health care investments, and AK Steel is acquired in a $1.1 billion deal.

  • December 06, 2019

    Connecticut, Hospitals End Long-Running 'Provider Tax' Fight

    Hospitals in Connecticut are in line to collect $1.8 billion in state funds over the next six years under a deal to end a nonprofit group's years-old suit accusing the Constitution State of unlawfully saddling hospitals with a so-called provider tax.

  • December 05, 2019

    Importer Didn't Qualify For Tax Break, Texas Justices Told

    A crude oil importer storing products in a tax-free subzone was not exempt from a Texas county’s local property tax as the zone was not active for the periods at issue, the county told the state high court Thursday.

  • December 05, 2019

    Fiat Chrysler Fights Italy's $1.6B Tax Bill Over HQ Move

    Fiat Chrysler Automobiles is challenging Italy's demand that it pay €1.4 billion ($1.55 billion) in back taxes from undervaluing its U.S.-based Chrysler division as the company was relocating to the Netherlands in 2014, the company said Thursday.

  • December 05, 2019

    Judge Ducks Removal Over Unpaid Taxes, Election Violations

    A narrow majority of Oklahoma's highest court has opted not to call for a trial that could lead to the removal of a state district judge facing a felony tax charge, campaign finance violations and other alleged ethical lapses, instead opting to publicly reprimand and admonish her.

  • December 05, 2019

    Tribes Decry Calif.'s Proposed Fee In Gambling Pact Talks

    A group of tribes assailed California's bid for an early win in a suit accusing the state of negotiating a gambling compact in bad faith, saying in their opposition the state wrongfully refused to drop a tax-like revenue-sharing proposal.

  • December 05, 2019

    Wash. Justices Keep Pause On $4.2B Vehicle Tax And Fee Cut

    The Washington Supreme Court has upheld a lower court's order blocking a ballot measure that would lower or eliminate vehicle taxes and fees by $4.2 billion over the next six years, which was set to take effect on Thursday.

  • December 05, 2019

    Trump Asks Justices To Void House Panel's Biz Doc Subpoena

    The U.S. Supreme Court should nullify a House panel’s subpoena to President Donald Trump’s longtime accounting firm seeking his personal and business records because the committee doesn’t have a legislative reason for the request, Trump’s attorneys said Thursday.

  • December 04, 2019

    Mich. Senate Sends Marketplace, Remote Seller Bills To Gov.

    Michigan would tax marketplace facilitators such as Amazon and eBay starting Jan. 1 and codify the state Department of Treasury's existing remote seller policy under four bills passed Wednesday by the state Senate.

  • December 04, 2019

    France's Auditing Body Urges 3rd-Party Recovery Of VAT

    France's national auditing body has recommended measures to curb value-added tax fraud that include requiring the recovery of VAT by third-party platforms, a proposal also endorsed by the European Union.

  • December 04, 2019

    Mnuchin Has 'Serious Concerns' With OECD Digital Tax Plan

    U.S. Treasury Secretary Steven Mnuchin raised "serious concerns" over a plan by the Organization for Economic Cooperation and Development to overhaul global tax rules in a letter released Wednesday, throwing another wild card into the final stages of negotiations.

  • December 04, 2019

    Goodwin Adds Ex-Gibson Tax Partner To NY Tax Practice

    Goodwin Procter LLP has brought on an ex-Gibson Dunn & Crutcher LLP partner as a partner in the firm’s tax practice, touting her experience as crucial in helping grow the firm’s transactional practice.

  • December 04, 2019

    Wis. Towns Declare Neutrality In Asking Out Of Tribes' Tax Suit

    Six Wisconsin municipalities have revised their request for a federal court to dismiss them from a dispute between Chippewa tribes and the state over property taxes on tribal lands, clarifying they aren’t taking a position in favor of either party.

  • December 04, 2019

    EU Investigating Dutch Tax Rulings Granted To Shell

    Shell has been placed under investigation by the European Commission for possibly illegal tax rulings granted by the Netherlands, the company confirmed Wednesday.

  • December 03, 2019

    Mass. Court Nixes City's Appeal Over Parking Lot Abatements

    The Massachusetts Appeals Court upheld a decision Tuesday allowing a parking lot owner more than $80,000 in combined property tax abatements over two years, saying the city of Worcester failed to challenge the Appellate Tax Board’s determinations.

  • December 03, 2019

    Global Tax Plan Can't Be Weighed In Isolation, Biz Groups Say

    The Organization for Economic Cooperation and Development should assess the effectiveness of current policies against corporate tax avoidance before moving forward with its proposals for a global minimum levy, according to recent feedback from business groups and academics.

  • December 03, 2019

    Microsoft Gets Refund In Mass. Sales Tax Apportionment Row

    Microsoft and Oracle can apportion sales tax on computer software purchased by a Massachusetts company to other states from which the software was accessed and can seek a refund of Massachusetts sales tax, the state Appellate Tax Board said Tuesday.

  • December 03, 2019

    Judge Says Bankruptcy Court Ruling Is 'Problematic' For IRS

    A Delaware federal judge is recommending a quick hearing for an IRS appeal of a bankruptcy court order denying it a priority claim for a car insurance company's taxes, calling the decision "problematic" for all tax-collecting bodies.

  • December 03, 2019

    Wash. AG Asks Justices Not To Pause $4.2B Vehicle Tax Cut

    The Washington state attorney general has asked the state Supreme Court to allow a ballot measure that lowers or eliminates vehicle taxes and fees by $4.2 billion over the next six years to take effect.

  • December 03, 2019

    Pot Co. Harborside Takes $11M Tax Bill Battle To 9th Circ.

    California cannabis company Harborside Inc. announced Tuesday that it has filed a notice of appeal to the Ninth Circuit of a U.S. Tax Court decision determining the company owes $11 million in taxes.

  • December 03, 2019

    Banks Must Hand Trump Records To Congress, 2nd Circ. Says

    The Second Circuit on Tuesday largely upheld subpoenas to Capital One and Deutsche Bank for the financial records of President Donald Trump, his family members and his businesses sought by two House committees investigating international money laundering and foreign influence.

Expert Analysis

  • Impacts Of Tax Reform On M&A Deal Activity

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    M&A activity has adjusted slightly in response to the 2017 tax overhaul's elimination of net operating loss deductions, new tax rules for foreign earnings, and future allocation of interest expense deductions, but fallout has been smaller than expected, say Alexander Lee and Eric Schwartzman in this brief video.

  • State Net

    What State Lawmakers Will Be Focused On In 2020

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    A number of issues are expected to figure prominently on state legislative agendas in the coming year, including subjects as diverse as election reform, 5G technology, online marketplaces and insurance fraud, says Korey Clark of State Net Capitol Journal.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • 4 Ways Tribal Nations Can Leverage Opportunity Zones

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    The ecosystem of both capital and support services rapidly developing around opportunity zone investment provides tribal nations with an unparalleled opportunity to attract new investors by recasting and rebranding private economic development opportunities, says Bo Kemp at FaegreBD.

  • Prepare For Greater IRS Scrutiny On Conservation Easements

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    The IRS recently announced stepped-up enforcement on abusive syndicated conservation easement transactions, but proactive taxpayers may avoid penalties by filing qualified amended returns or administrative adjustment requests before the IRS comes knocking, say attorneys at Greenberg Traurig.

  • Evolving Deference Principles May Affect Tax Matters

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    Agency deference is sure to be a hot topic for taxpayers and their representatives in 2020, as several important cases addressed the issue this year, and the U.S. Department of the Treasury and the Internal Revenue Service have provided an incredible amount of guidance since 2017’s tax overhaul, say Andrew Roberson and Kevin Spencer at McDermott.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • Opinion

    Proposed IRS Gross Receipts Regs Should Hew To Case Law

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    The IRS may want to revise its recently proposed gross receipts regulation to avoid application of the all-events test to specified goods payments, and bring it in line with common law, says Scott Rabinowitz at Skadden.

  • Ohio Tax Talk: 3 Tax Exemption Takeaways In Contractor Case

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    The Ohio Court of Appeals' recent decision in Karvo Paving v. Testa provides important guidance on three of the most commonly utilized exemptions to Ohio sales and use tax: the sale for resale, the affiliated party sales exemption for employment services, and the casual sale, say Jeremy Hayden and Christopher Tassone of Frost Brown.

  • Retail Bankruptcies Raise Collection Questions For Landlords

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    An unresolved circuit split has caused bankruptcy courts across the country to approach the Bankruptcy Code's collection-related provisions inconsistently, making it difficult for landlords to know what they can collect from retail tenants that become debtors in possession, say attorneys at Barclay Damon.

  • Opinion

    NJ Should Live Up To Its State Motto By Legalizing Cannabis

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    Despite the legislative failure of the New Jersey Cannabis Regulatory and Expungement Aid Modernization Act, the state should pursue cannabis legalization as a unique opportunity to promote liberty and prosperity, says McElroy Deutsch attorney Fruqan Mouzon, who helped draft the act in his prior role as general counsel for the New Jersey Senate Majority Office.

  • New French Law May Be 1st Step In Abating Carousel Fraud

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    Although there is still a long way to go, France's recent adoption of the European Union's Quick Fixes Council Directive will increase the odds of stemming carousel fraud — a type of value-added tax exploitation facilitated by the removal of customs borders, says Sophie Dorin at Bird & Bird.

  • Alaska Tax Agreement Only Burdens Remote Retailers

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    Alaska's recently signed Intergovernmental Remote Seller Sales Tax Agreement would need far greater participation beyond the 15 municipal signatories if remote retailers are expected to administer the state's complex local tax system, say Martin Eisenstein and Matthew Schaefer of Brann & Isaacson.

  • Perspectives

    Book Review: Who's To Blame For The Broken Legal System?

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    The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

  • Advising Cannabis Cos. As Mich. Legalizes Recreational Use

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    In light of Michigan's lighting-fast legalization of recreational marijuana sales, attorneys counseling cannabis companies should be aware of the unique state licensing requirements, and note the distinctions between dispensary, grower and processor clients ahead of the Dec. 1 rollout, says Lance Boldrey of Dykema.