News & Analysis as of

Uniformity Clause

McNees Wallace & Nurick LLC

PA Commonwealth Court Invalidates City of Pittsburgh's Local Income Tax on Nonresident Sports Facility Workers

On January 10, 2024, the Commonwealth Court held in NHL Players Ass’n v. City of Pittsburgh, (No. 1150 C.D. 2022) that the City of Pittsburgh’s Facility Tax — a unique tax on nonresidents who use a sports stadium or arena...more

McNees Wallace & Nurick LLC

PA Commonwealth Court Invalidates City of Pittsburgh’s Local Income Tax on Nonresident Sports Facility Workers

On January 10, 2024, the Commonwealth Court held in NHL Players Ass’n v. City of Pittsburgh, (No. 1150 C.D. 2022) that the City of Pittsburgh’s Facility Tax — a unique tax on nonresidents who use a sports stadium or arena...more

Tucker Arensberg, P.C.

School District Real Estate Assessment Appeals Rejected if Not Done on Uniform Basis

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Downingtown Area School District v. Chester County Board of Assessment Appeal, 2023 Pa. Commw. LEXIS 161 (Pa. Commw. Ct. October 6, 2023). Commonwealth Court rejects assessment appeal despite school district-established...more

Blank Rome LLP

Pittsburgh’s Tax on Only Nonresident Athletes Violates Pennsylvania’s Uniformity Clause

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While not many states have a uniformity clause in their constitutions, for those that do it can be a powerful tool in a person’s arsenal in challenging a tax. This was recently demonstrated in National Hockey League Players’...more

Nelson Mullins Riley & Scarborough LLP

Post Siegel Ruling: Tenth Circuit Orders Refunds for Overpayment of U.S. Trustee Fees

On June 6, 2022, the Supreme Court issued a unanimously ruling in Siegel v. Fitzgerald, 142 S. Ct. 1770 (U.S. June 6, 2022) that the increase in fees payable to the U.S. Trustee system in 2018 violated the uniformity aspect...more

McNees Wallace & Nurick LLC

Pennsylvania Saga re Unconstitutional Dollar-Based Caps on NOL Deduction Continues

There has been a flurry of litigation in recent years involving taxpayer challenges to the constitutionality of Pennsylvania’s statutory cap on net loss carryover (“NOL”) deductions for tax years prior to 2017. First came...more

Dorsey & Whitney LLP

The Supreme Court - January 10, 2022

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Alfred Siegel v. John Fitzgerald, III, No. 21-441: This case, involving the Bankruptcy Judgeship Act of 2017 (“BJA”) applicable to Chapter 11 bankruptcies, presents the following question: Whether the BJA violates the...more

Eversheds Sutherland (US) LLP

No loss: Stricken by the Pennsylvania Supreme Court, the NOL deduction nevertheless is allowed 

In General Motors Corporation v. Commonwealth, the Pennsylvania Supreme Court held that the state’s prior flat $2 million cap on a corporate taxpayer’s net operating loss (NOL) deduction violated the state constitution’s...more

Rosenberg Martin Greenberg LLP

Fourth Circuit: Just Because Bankruptcy Laws Must Be Uniform Doesn’t Mean They Can’t Be Different

By a two to one vote, in an April 29 opinion, the United States Court of Appeals for the Fourth Circuit reversed a decision of the United States Bankruptcy Court for the Eastern District of Virginia that a 2017 increase in...more

Pillsbury Winthrop Shaw Pittman LLP

Delaware State Court Strikes Down NOL Limitation, Presenting Refund Opportunity

A Delaware state court struck down as unconstitutional a longstanding policy of the state’s taxing authority limiting NOL deductions of corporate taxpayers who file federal consolidated income tax returns. The Delaware...more

Tucker Arensberg, P.C.

Commonwealth Court Decisions Allow Taxing Bodies Discretion In Determining Standards For Tax Assessment Appeals

Punxsutawney Area School District v. Broadwing Timber, LLC, 1209 C.D. 2018 (Pa. Commw. Ct., October 29, 2019) - Since the Pennsylvania Supreme Court’s recent decision in Valley Forge Towers Apartments N, LP v. Upper...more

Eversheds Sutherland (US) LLP

Illinois Appellate Court Upholds Chicago Streaming Tax

On September 30, 2019, in Labell v. City of Chicago, the Illinois Appellate Court upheld the City of Chicago’s imposition of its amusement tax on streaming video, streaming audio and online gaming services. Background - ...more

Ballard Spahr LLP

Court Reverses Philadelphia's 2018 Assessment of Many Commercial Real Properties

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In Duffield House LP v. City of Philadelphia–a case involving assessment appeals by approximately 700 owners and lessees of commercial and industrial properties in the City–Philadelphia County Court of Common Pleas Judge Gene...more

Eversheds Sutherland (US) LLP

Chicago streaming video tax does not violate federal and state law

On May 24, 2018, the Circuit Court of Cook County upheld the City of Chicago’s imposition of its amusement tax on streaming services. The plaintiffs in the case—consumers of streaming services—are expected to appeal the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Taxation/Valuation of Solar Panels: Arizona Court Addresses Assessment Issues

The Supreme Court of Arizona addressed in a March 16th opinion whether the Arizona Department of Revenue (“ADOR”) or County assessors are authorized to value solar panels owned by taxpayers and leased to residential and...more

Tucker Arensberg, P.C.

Tax Appeals Based on Property Type May Violate State Constitution

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Valley Forge Towers Apartments N, L.P. v. Upper Merion Area School Dist., 2017 Pa. LEXIS 1520, 163 A.3d 962 (Pa. July 5, 2017). (The Pennsylvania Supreme Court holds that school district’s tax assessment appeal policy...more

McDermott Will & Emery

Illinois Court Upholds Cook County’s Beverage Tax Finding It Passes Constitutional Muster and Related Developments

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On July 28, Circuit Judge Daniel Kubasiak dismissed the Complaint filed by the Illinois Retail Merchants Association and a group of retailers challenging the constitutionality of the Cook County, Illinois Sweetened Beverage...more

Fox Rothschild LLP

PA Supreme Court Rules On School District Tax Appeals

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In a recent Supreme Court of Pennsylvania case, captioned as Valley Forge Towers, taxpayer brought an action against the school district, as a taxing district, seeking declaratory and injunctive relief claiming that the...more

Troutman Pepper

Pennsylvania Court Provides Commercial Property Owners With Defense to Tax Assessment Appeals

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On July 5, the Pennsylvania Supreme Court issued a unanimous decision confirming that all real estate in a taxing district is a single class (i.e., not subject to sub-classifications based on property type, such as...more

Tucker Arensberg, P.C.

Selective property tax appeals based on property type or residency status of the owner violates the Pennsylvania Constitution’s...

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The Pennsylvania Supreme Court recently reversed the Commonwealth Court and held that the Uniformity Clause of the Pennsylvania Constitution does not permit school districts to selectively appeal only the assessments of...more

Ballard Spahr LLP

PA Supreme Court Limits School District Real Estate Tax Appeals

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In a long-awaited decision on a hotly debated issue, the Pennsylvania Supreme Court has held that taxpayers whose apartment buildings were singled out for school district tax appeals have stated a valid claim that such...more

Tucker Arensberg, P.C.

Pennsylvania Court Confirms That School Districts May Target High Value Properties When Appealing Tax Assessments For The Purpose...

Valley Forge Towers Apts. N, LP v. Upper Merion Area School District, 124 A.3d 363, 365 (Pa. Commw. Ct. 2015). The Pennsylvania Commonwealth Court holds that when a school district has reasonable and financial considerations...more

Troutman Pepper

Pennsylvania Commonwealth Court Declares Corporate Net Income Tax Net Operating Loss Scheme Unconstitutional

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Taxpayers that are in a positive net operating loss carryover position, but that paid tax in any open year due to the statutory scheme, should file protective refund claims seeking a refund for any overpaid tax....more

Eversheds Sutherland (US) LLP

Give Thanks and File Your Pennsylvania Net Loss Carryover Deduction Refund Claims!

In a decision sure to give Pennsylvania legislators and the Department of Revenue indigestion before their big Thanksgiving meals, the Commonwealth Court held that Pennsylvania’s net loss carryover (NLC) deduction cap...more

McNees Wallace & Nurick LLC

Pennsylvania’s NOL Cap Litigation Moving Forward

In a Corporate Net Income Tax (“CNI”) appeal filed by Nextel Communications of the Mid-Atlantic, Inc. (“Nextel”), the Commonwealth Court will consider whether Pennsylvania’s statutory cap on net operating loss (“NOL”)...more

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