News & Analysis as of

State Taxes Appeals

Allen Barron, Inc.

The Step Doctrine and How it Applies to IRS, State, and California Tax

Allen Barron, Inc. on

It is important to understand the step doctrine and how it applies to IRS audits and state tax investigations, including California tax audits. The "step doctrine" is a concept not directly found in federal or California...more

McDermott Will & Emery

Supreme Court Takes Up Constitutional Challenge to Section 965 Transition Tax

On June 26, 2023, the Supreme Court of the United States agreed to hear a rare challenge under the Sixteenth Amendment and Tax Clauses to Section 965 of the tax code. In Moore v. United States, the justices will consider...more

Proskauer Rose LLP

Personal Planning Strategies - July 2022

Proskauer Rose LLP on

With Recent Court Decision, Out-of-State Owners of New York Houses Can Breathe Easier - A recent New York appellate court ruling has major implications for individuals who own a house in New York State but do not consider...more

McDermott Will & Emery

Seattle Payroll Expense Tax Upheld by State Appellate Court

McDermott Will & Emery on

This week, the Washington Court of Appeals affirmed a lower court’s decision to dismiss a challenge to the recently enacted payroll expense tax in Seattle, WA. Seattle Metro. Chamber of Commerce v. City of Seattle, No....more

Snell & Wilmer

Ninth Circuit Determines Tribal Corporation May Be Subject to State Taxation Laws

Snell & Wilmer on

On June 21, the U.S. Court of Appeals for the Ninth Circuit held that the district court properly dismissed the claims of Big Sandy Rancheria Enterprises (“Big Sandy”), a federally chartered tribal corporation of the Western...more

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

Roetzel & Andress on

The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Farrell Fritz, P.C.

Continuing Economic Distress: Withholding Taxes And The Risk Of “Self-Help”

Farrell Fritz, P.C. on

Stimulus Legislation Limbo- In has been 192 days since the President declared a national emergency concerning the COVID-19 outbreak. Across the country, businesses and communities were immediately placed on lockdown[ii] in...more

Eversheds Sutherland (US) LLP

State tax implications of US Supreme Court’s limitation of judicial deference to agency interpretations of their own regulations

On June 26, 2019, the US Supreme Court issued its opinion in Kisor v. Wilkie. The Court declined to overturn Auer v. Robbins and Bowles v. Seminole Rock & Sand Co, but reinforced the limits on the applicability of the...more

Stoel Rives - Health Law Insider®

Medicare Advantage Premiums Are Not Subject to Washington Tax

Appeals Court ruling supports MA organization request for refund of B&O taxes paid on premiums - On April 1, 2019, the Washington Court of Appeals Division 1 ruled unanimously in a published opinion that premiums received by...more

Foster Garvey PC

OTA & Travel Distribution Update: U.S. Circuit Court deals a blow to short-term platforms; Google continues steady evolution; a...

Foster Garvey PC on

U.S. Circuit Court Deals a Blow to Short-Term Platforms - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories, March 13, 2019) In somewhat of a surprise ruling issued last week, the...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Supreme Court Rejects Taxes on Draft Beer Tap Maintenance and Cleaning

Ohio Supreme Court rejects taxes on draft beer tap maintenance and cleaning–limits scope of taxation on janitorial-type services....more

Buckingham, Doolittle & Burroughs, LLC

Ohio’s burdensome municipal income tax structure hinges on the meaning of “levy.”

The 10th District Court of Appeals has heard oral arguments to decide the fate of Ohio’s efforts to reform municipal income tax for businesses and enact a centralized filing system. Last year, Ohio enacted H.B. 49, which...more

Lewitt Hackman

Franchisor 101: Franchisor Fails to Escape State’s Changed Tax Interpretation

Lewitt Hackman on

A state appellate court (“Court”) in New Mexico upheld a decision by the state’s Taxation and Revenue Department (“Department”) that royalties paid to out-of-state franchisors are subject to the state’s gross receipts tax...more

Burr & Forman

Appealing A South Carolina State Tax Case: Payment Or Bond?

Burr & Forman on

Taxpayers who disagree with a proposed tax assessment issued by the South Carolina Department of Revenue (SCDOR or DOR) may or may not be able reach an agreement at the administrative level. When taxpayers and SCDOR cannot...more

Bradley Arant Boult Cummings LLP

Two Recent Business License Tax Cases Show Increasingly Aggressive Municipalities

Alabama local governments are combatting revenue losses and concomitant budget issues primarily because of the loss of their sales tax base to online sellers and because of their citizens’ demand for more or increasingly...more

Holland & Knight LLP

Flandreau Santee Sioux Tribe Receives Partial Victory in South Dakota Tax Case

Holland & Knight LLP on

HIGHLIGHTS: •In a recent case before the U.S. District Court for the District of South Dakota, Flandreau Santee Sioux Tribe v. Gerlach, the Flandreau Santee Sioux Tribe (Tribe) won a partial, but significant, victory...more

McDermott Will & Emery

Precedential Cloud Victory in Michigan Court of Appeals

McDermott Will & Emery on

On October 27, 2015, a three-judge panel sitting for the Michigan Court of Appeals unanimously affirmed a lower court decision finding that the use of cloud-based services in Michigan is not subject to use tax in Auto-Owners...more

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