News & Analysis as of November 17, 2024

Constitutional Challenges

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

The Supreme Court Has Saved the Tax Code for Now and Left Room for Moore

Cadwalader, Wickersham & Taft LLP on 7/29/2024

In Moore v. United States, the Supreme Court upheld the constitutionality of the mandatory repatriation tax (MRT), saving a significant portion of the current tax code for now. The question in front of the Court was whether...more

[Podcast] Implications of Supreme Court’s Tax Decision in Moore v. United States

BakerHostetler on 7/1/2024

A team of BakerHostetler lawyers, led by Partners Andrew Grossman and Jeff Paravano, represented clients Charles and Kathleen Moore at the Supreme Court, arguing that realization is required for federal taxation of income...more

Moore Thoughts: An Incremental Opinion from the U.S. Supreme Court

Holland & Knight LLP on 6/27/2024

The U.S. Supreme Court on June 20, 2024, ruled 7-2 that Section 965 of the Internal Revenue Code, as revised by the law known as the Tax Cuts and Jobs Act, is constitutional. The issue presented to the Court in Moore v....more

Doing less with Moore: Supreme Court upholds section 965 transition tax in Moore v. United States

Eversheds Sutherland (US) LLP on 6/26/2024

Almost exactly a year after it shook the tax world by granting certiorari, on June 20, 2024, the Supreme Court issued its opinion in Moore v. United States, No. 22-800. By a vote of 7-2, the Court upheld the constitutionality...more

Client Advisory: Repatriation Tax on Shareholders | Moore v. U.S.

Burns & Levinson LLP on 6/25/2024

The Tax Cuts and Jobs Act of 2017 amended the law to introduce a new, one-time, mandatory repatriation tax on trillions of dollars of accumulations held abroad by American-controlled foreign entities. The tax is imposed on...more

Supreme Court Decides Moore v. United States

Faegre Drinker Biddle & Reath LLP on 6/21/2024

On June 20, 2024, the U.S. Supreme Court decided Moore v. United States, No. 22-800, holding that the Mandatory Repatriation Tax (MRT) — a provision in a 2017 tax reform law — could constitutionally impose a one-time...more

Eager for Moore?

Cadwalader, Wickersham & Taft LLP on 2/6/2024

On December 5, the Supreme Court heard oral arguments on Moore v. United States, which is potentially the next landmark tax case on the meaning of income under the Sixteenth Amendment....more

Moore questions: Impressions from oral argument

Eversheds Sutherland (US) LLP on 12/27/2023

On December 5, 2023, the US Supreme Court heard oral arguments in Moore v. United States, addressing the constitutionality of the section 965 transition tax, which was enacted in the Tax Cuts and Jobs Act of 2017. Section 965...more

A cautionary tale: Challenges for firms in Wayfair compliance

Bradley Arant Boult Cummings LLP on 12/6/2023

Law firms periodically receive requests for advice from CPAs regarding a client’s need to come into compliance with the relatively new and sometimes confusing “economic nexus” or “Wayfair” rules for selling goods or providing...more

A Transition to What? SCOTUS Set to Decide the Fate of IRC 965

Bilzin Sumberg on 7/20/2023

The U.S. Supreme Court (“SCOTUS”) has decided to hear a case (Moore v. U.S., No. 22-800 ) where individual taxpayers owned shares in a controlled foreign corporation (“CFC”) and were subject to the so-called “transition tax”...more

Client Alert: Illinois Imposes Economic Nexus Standard Impacting Remote Sellers

Neal, Gerber & Eisenberg LLP on 9/25/2018

On June 21, 2018, the United States Supreme Court dramatically altered the state tax world when it issued its decision in South Dakota v. Wayfair, Inc....more

Maine Issues Guidance For Remote Sellers

Pierce Atwood LLP on 8/10/2018

Maine Revenue Services issued guidance, August 8, 2018, regarding remote sellers’ sales tax collection obligations in light of the Supreme Court’s June 21, 2018 decision in South Dakota v. Wayfair, Inc....more

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Supreme Court of the United States › Tax Liability › Constitutional Challenges

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