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December 05, 2023
Trump's Broker & Club Member Touts Mar-A-Lago's $1B Value
A Florida real estate broker and member of Donald Trump's Mar-a-Lago club took the stand Tuesday in New York state court to defend the former president's valuation of the property, saying it was worth more than $1 billion based on his billions in sales experience and "gut" feelings.
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December 05, 2023
Geico Gets Preliminary Approval For $5.1M Ga. Settlement
A Georgia federal judge gave preliminary approval Tuesday to a $5.1 million class action settlement between Geico and its policyholders over allegations the insurer undercompensated owners of totaled vehicles by miscalculating applicable tax under Georgia law.
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December 05, 2023
Objectors Try, Again, To Derail Mich. Tax Foreclosure Deal
Class members opposing a proposed settlement between 43 Michigan counties and homeowners who seek the profits the counties made selling their tax-foreclosed homes are now saying several class representatives have died during the litigation, and questioning if others in the case actually owned the properties in question.
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December 05, 2023
Pa. Justices Won't Review Hospitals' Denied Tax Exemptions
The Supreme Court of Pennsylvania won't review a lower court's finding that a trio of hospitals in Chester County paid too much in "management fees" and executive salaries to be considered tax-exempt nonprofits, the court said Tuesday.
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December 05, 2023
Feds Want 2 Years For Media Broker Who Hid $19.5M From IRS
The owner of a media brokerage firm who admitted to hiding $19.5 million in personal income and receipts from the IRS should spend two years in jail, federal prosecutors told a Maryland federal court Tuesday, saying her crimes were not motivated by financial desperation.
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December 05, 2023
Export-Import Bank Slammed As Major Fossil Fuel Financier
Environmental group Friends of the Earth U.S. slapped the U.S. Export-Import Bank with an international complaint Tuesday alleging the agency has poured billions of dollars into fossil fuel projects, despite the Biden administration's commitment to end such international public financing.
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December 05, 2023
Justices Wary Of Repatriation Tax Review Consequences
U.S. Supreme Court justices questioned a Washington couple's counsel about their challenge to the one-time repatriation tax during oral arguments Tuesday, with some suggesting that a ruling in the couple's favor would upend other parts of the federal tax code.
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December 05, 2023
Calif. Tax Office Backs 1990s Assessments Against Couple
A real estate developer and his wife failed to show that the California Franchise Tax Board was wrong in its assessments of income tax and penalties totaling $120,000 for 1993 and 1994, the state's Office of Tax Appeals said.
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December 05, 2023
11th Circ. Upholds Summonses For Peruvians' US Bank Docs
The Eleventh Circuit upheld IRS summonses for the U.S. bank records of Peruvian siblings who claimed that a history of corruption in their government should have stopped the IRS from cooperating with it, saying a district court correctly denied the siblings a chance to present evidence of wrongdoing.
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December 05, 2023
ECJ Tosses Finding That Luxembourg Gave Engie Illegal Aid
The European Union's highest court annulled on Tuesday a 2018 decision by the European Commission finding that Luxembourg gave illegal state aid to French energy company Engie via tax rulings.
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December 05, 2023
COVERAGE RECAP: Day 40 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 40.
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December 05, 2023
Andersen Global Lands Collab With Irish Firm Philip Lee
Andersen Global, an association of legally separate, independent member firms, announced its collaboration agreement with the Ireland-based corporate and commercial law firm Philip Lee on Tuesday, saying the move will enhance its existing tax capabilities in the nation.
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December 04, 2023
Justices Weigh Limits Of Possible Ruling Against SEC Courts
While the U.S. Supreme Court recently expressed a willingness to declare the U.S. Securities and Exchange Commission's in-house court system unconstitutional, experts say some justices have shown a desire to keep their ruling from spilling over into the enforcement activities of federal agencies doling out Social Security benefits or punishing alleged tax cheats.
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December 04, 2023
Trump Seeks NY High Court Review Of Fraud Trial Gag Orders
Former President Donald Trump on Monday sought to have New York's highest court review his appeal of the reinstatement of gag orders in the civil fraud trial over the state's claims that he defrauded banks and insurers by falsely inflating his net worth.
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December 04, 2023
'Varsity Blues' Dad Could Spark More Refund Bids, Feds Warn
Federal prosecutors argued Monday that a court-ordered refund of $1 million to a parent who largely beat so-called Varsity Blues charges would have a widespread effect and encourage "scores" of other after-the-fact cases with defendants who want forfeited money returned.
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December 04, 2023
Pharma Heirs Owe $5.4M In Tax On Merger, Tax Court Says
The heirs of a pharmaceutical business owe $5.4 million in taxes on interest stemming from a merger they rejected that squeezed them out of their shares in the company's stock, the U.S. Tax Court ruled Monday.
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December 04, 2023
GOP Effort To Rewrite Ohio Pot Legalization Spurs Backlash
Cannabis reformers and hemp industry advocates on Monday sounded the alarm about a Republican-led proposal to substantively rewrite Ohio's voter-approved marijuana legalization law just days before it is due to take effect.
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December 04, 2023
Taxpayers Group, Realtors Back Homeowners' High Court Bid
Two right-leaning think tanks and a group representing Michigan real estate agents filed friend-of-the-court briefs at the Michigan Supreme Court last week backing former property owners in their quest to recover profits a county government reaped selling land seized over unpaid tax debt.
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December 04, 2023
Swiss Bank To Pay $123M For Hiding Offshore Account Funds
A Swiss bank will pay $123 million to the U.S. Department of the Treasury as part of an agreement to settle criminal charges that it helped U.S. taxpayers hide $5.6 billion in more than 1,600 secret bank accounts, the U.S. Department of Justice announced Monday.
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December 04, 2023
Chinese Co. Investors Ink $4.5M Deal In IPO Disclosures Suit
A group of investors suing Chinese analytics startup Gridsum Holding Inc. has asked a New York federal judge to preliminarily approve a $4.5 million deal to settle claims that it made misrepresentations ahead of its initial public offering.
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December 04, 2023
Ore. Tax Court Denies Exemption For Vacated Building
The owner of an Oregon office building is not entitled to a property tax exemption because a tenant using a portion of the building for charitable purposes stopped occupying the structure during the COVID-19 pandemic, the state's tax court said.
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December 04, 2023
New York Music Venue's Creditors Seeking Liquidation
A New York bankruptcy judge Monday pushed back a request by the landlord of a New York City music venue to convert its small-business Chapter 11 to a liquidation after hearing the Internal Revenue Service has made the same request.
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December 04, 2023
COVERAGE RECAP: Day 39 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 39.
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December 04, 2023
Hogan Lovells Tax Ace Returns To Winston & Strawn In LA
Winston & Strawn LLP is growing its tax team, announcing Monday it is welcoming back a tax expert, most recently with Hogan Lovells, as a partner in its Los Angeles office.
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December 01, 2023
Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'
Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
Editor's Picks
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Blockchain Tech May Present New Transfer Pricing Challenges
Companies that develop blockchain systems to digitally record transactions may face difficulties when valuing intangibles tied to the decentralized and highly varied technology, creating novel transfer pricing issues for multinational corporations that create their own blockchain networks.
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Trump-Era Tariff Angst Hasn't Gone Away Under Biden
The early days of the Biden administration have been relatively quiet on the trade front, but importers have nevertheless found themselves in the throes of a familiar battle: pleading with the government to hold off on tariffs in a heated trade dispute.
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3 Major Implications For States In Biden's Tax Plans
President Joe Biden's sweeping tax changes proposed to pay for trillions in infrastructure spending would significantly alter the way the federal government taxes corporations, leaving states, for the second time in four years, to decide if and how to conform. Here Law360 presents three considerations for states in the president's tax proposals.
Expert Analysis
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IRA Monetization Energizes Clean Power Tax Credit Market
Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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'Manufacturing' Amid Mass. Adoption Of Single-Sales Factor
Massachusetts’ recent adoption of single-sales-factor apportionment will benefit companies that have a greater in-state physical presence, reinforce the importance of understanding market-sourcing rules, and reduce the manufacturing classification's importance to tax apportionment, though the classification continues to be significant to other aspects of taxation, say attorneys at McDermott.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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Unpacking Long-Awaited Clean Energy Tax Credit Guidance
Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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A Year-End Look At Florida's Capital Investment Tax Credit
Notwithstanding the Walt Disney Co.’s feud with Gov. Ron DeSantis this year, Florida's capital investment tax credit will continue to make the state a favored destination for large corporations, particularly in light of the new federal alternative minimum tax and the Pillar Two top-up tax, says Alan Lederman at Gunster.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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IRS Proposal May Help Clarify Donor-Advised Fund Excise Tax
Recently proposed regulations provide important clarifications of the Internal Revenue Code's excise tax on donor-advised fund distributions by providing detailed definitions of key terms and addressing some of the open issues related to their operation and administration, say attorneys at Morgan Lewis.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.