Adam P. Beckerink

Adam P. Beckerink

Reed Smith

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Sprint FCA Case Denied Certiorari by U.S. Supreme Court

On May 31, 2016, the U.S. Supreme Court denied certiorari in a challenge by Sprint Nextel Corp. (“Sprint”) to a False Claims Act (“FCA”) lawsuit by New York state against it for sales taxes not collected and remitted on...more

6/1/2016 - Attorney Generals False Claims Act (FCA) Motion to Dismiss Petition for Writ of Certiorari Preemption Qui Tam Sales Tax SCOTUS Sprint Tax Fraud Tax Returns Telecommunications Wireless Industry

MTC Committee Pushes Forward with Bare-Bones Transfer Pricing Program

On May 16, 2016, the Arm’s-Length Adjustment Service Committee (“ALAS Committee”) of the Multistate Tax Commission met via teleconference to move forward with its transfer-pricing program. The ALAS Committee is targeting a...more

5/17/2016 - Arm's Length Principle Corporate Taxes Intercompany Transactions Multistate Tax Commission State Taxes Training Transfer Pricing

Illinois Shipping Charge Regulatory Amendments Approved: Taxpayers Were Right All Along

The Illinois Joint Committee on Administrative Rules has approved the Illinois Department of Revenue’s proposed regulatory amendments clarifying the sales tax treatment of shipping charges. These amendments, which are...more

3/9/2016 - Department of Revenue False Claims Act (FCA) Proposed Amendments Retroactivity Safe Harbors Sales Tax Shipping Tax Refunds

Taxability of Shipping and Handling Charges in Illinois – Common Sense Prevails in Department's Second Notice of Proposed...

On January 14, 2016, the Illinois Department of Revenue (the “Department”) sent its Second Notice of Proposed Rulemaking to the Joint Committee on Administrative Rules (“JCAR”) regarding its proposed amendments to its...more

1/23/2016 - Department of Revenue Fraud Gross Receipts NPRM Proposed Amendments Qui Tam Sales & Use Tax Shipping

Reed Smith Clients Vindicated – Illinois Circuit Court Grants Motion to Dismiss in Qui Tam Winery Cases

On January 20, 2016, Judge Thomas Mulroy of the Cook County Circuit Court in Chicago granted the Illinois Attorney General’s Motions to Dismiss numerous qui tam cases brought against California wineries, 17 of which are...more

1/23/2016 - Attorney Generals False Claims Act (FCA) Motion to Dismiss Private Letter Rulings Qui Tam Sales & Use Tax State Prosecutors Tax Liability Wineries

Illinois Local Sales Tax Sourcing Update: Tax Administration by Lawsuit Vanquished (for Now)

On October 16, the Circuit Court of Cook County (the “Court”), in an order authored by Judge Peter Flynn, dismissed a lawsuit by the City of Chicago (the “City”) and the Village of Skokie (collectively the “Plaintiffs”)...more

10/21/2015 - Brokers City of Chicago Declaratory Judgments Department of Revenue Discovery Dismissal With Prejudice Internet Retailers Leave to Amend Occupancy Tax Retailers Sales & Use Tax Sales Tax Subpoenas Tax Revenues

Illinois Attorney General Responds to Reed Smith’s Efforts – Files Motions to Dismiss in Several False Claims Act Matters

On September 21, 2015, the Illinois Attorney General filed several Motions to Dismiss in Illinois False Claims Act (“IFCA”) matters in which the defendants were able to show, in response to the Attorney General’s inquiry,...more

9/22/2015 - Attorney Generals Department of Revenue Motion to Dismiss Private Letter Rulings Relators Sales Tax Shipping State False Claims Acts Tax Liability

Reed Smith Instrumental in New Proposed Regulations Concerning the Sales Taxation of Shipping Charges in Illinois

On August 28, 2015, the Illinois Department of Revenue’s (the “Department”) proposed regulations clarifying the Department’s position on the sales taxation of shipping charges were posted to the Illinois Register, commencing...more

9/1/2015 - Abatement Attorney Generals Comment Period Private Letter Rulings Proposed Regulation Rulemaking Process Sales Tax Shipping State False Claims Acts Tangible Property

The Illinois Attorney General Offers To Settle False Claims Act Cases Against Wineries - Just as Reed Smith Obtains Private Letter...

On July 23, 2015, the Illinois attorney general issued a group settlement proposal to the defendants in its Illinois False Claims Act (“IFCA”) prosecutions of numerous out-of-state wineries. For at least the last decade, the...more

8/4/2015 - Attorney Generals Attorney's Fees Department of Revenue False Claims Act (FCA) Internet Retailers Motion to Dismiss Private Letter Rulings Sales & Use Tax Shipping Tax Abatement

Reed Smith Files Amicus Brief on Behalf of the Institute for Professionals in Taxation in Sprint False Claims Act Appeal

On July 21, 2015, Reed Smith LLP, on behalf of the Institute for Professionals in Taxation (“IPT”), filed an amicus brief with the New York State Court of Appeals in People of the State of New York, ex rel. Empire State...more

8/3/2015 - Amicus Briefs Appeals Attorney Generals False Claims Act (FCA) Networks Sales & Use Tax Sprint Tax Litigation Wireless Technology

The Wine Institute and Reed Smith Team Up To Fight Illinois False Claims Act Overreach

On July 28, 2015, on behalf of the Wine Institute and its members, Reed Smith filed an action in the Circuit Court of Cook County, Illinois against the Illinois Attorney General (the “Attorney General”) and the Illinois...more

7/29/2015 - Attorney Generals Department of Revenue Dormant Commerce Clause Internet Retailers Interstate Commerce Qui Tam Separation of Powers Shipping State False Claims Acts Taxpayers' Bill of Rights Wine & Alcohol

Consumer Class Action Suit Alleging Sales Tax Misconduct is Partially Dismissed

On June 15, 2015, the United States District Court for the Northern District of Illinois, Eastern Division, partially granted Whole Foods’ motion to dismiss in the case of Wong v. Whole Foods Market Group, Inc.1 In that case,...more

6/22/2015 - Class Action Coupons Motion to Dismiss Retailers Sales Tax Unjust Enrichment Whole Foods

The City of Chicago Moves Aggressively to Tax ‘The Cloud’

As a result of two rulings, each effective July 1, 2015, the city of Chicago will attempt to tax the “Cloud” more directly and comprehensibly than any other U.S. jurisdiction. On June 9, 2015, the Chicago Department of...more

6/19/2015 - City Taxes Cloud Computing Digital Goods Internet Leases Sales & Use Tax State Taxes

Class Action Lawsuit Filed Against BJ’s Wholesale Club Alleges Improper Sales Tax Collection in Florida – The Continuation of a...

On March 17, 2015, Laura Bugliaro (the “Plaintiff”) filed a class action lawsuit against BJ’s Wholesale Club, Inc. (“BJ’s”) in the Circuit Court of the 11th Judicial Circuit of Florida. The complaint alleges that BJ’s...more

4/13/2015 - Class Action Sales Tax

Appellate Court Upholds Dismissal of False Claims Act Case Against QVC, Denies that Qui Tam Plaintiff is Owed Monetary Proceeds,...

On March 31, 2015, the Appellate Court of Illinois, First District in a Rule 23 Order, upheld the dismissal of a False Claims Act (“FCA”) case against QVC, Inc. (“QVC”). In the dismissed case, the qui tam plaintiff had...more

4/6/2015 - Dismissals False Claims Act (FCA) Internet Retailers Qui Tam QVC Retailers Sales & Use Tax

Reed Smith LLP Advises Multistate Tax Commission Work Group on Class Action and False Claims Act Model Statutes

Last week, the Multistate Tax Commission (the “MTC”) conducted its 2015 Winter Committee Meetings in Kansas City, Missouri. Among the agenda topics were model provisions concerning the application of consumer class action and...more

3/18/2015 - Class Action False Claims Act (FCA) Multistate Tax Commission Working Groups

Final Order in the Cook County Non-Titled Personal Property Use Tax Litigation Spells Out Standards for County To Process Claims...

On December 23, 2014, the Final Order was entered in Reed Smith LLP v. Zahra Ali, 2014 IL App (1st) 13246-U, Aug. 4, 2014. Having previously ruled that the county cannot assert the “voluntary payment” defense against any...more

12/31/2014 - Department of Revenue Sales & Use Tax Tax Refunds Voluntary Payments

Cook County Ordered to Start Processing Use Tax Refund Claims By September 24, 2014

On September 17, 2014, the Circuit Court of Cook County entered summary judgment in favor of the Chicagoland Chamber of Commerce, represented by Reed Smith LLP (“Reed Smith”), on the remaining count of their Complaint...more

9/18/2014 - Chamber of Commerce Sales & Use Tax State Taxes Tax Refunds

Midwest Gaming Win Reinforces Division Between Police and Taxing Powers

In United States v. Doremus, 249 U.S. 86 (1919) the Supreme Court held that a tax law “may not be declared unconstitutional, because its effect may be to accomplish another purpose as well as the raising of revenue.” That...more

9/5/2014 - Casinos Gambling Gaming Injunctions Licenses Occupancy Tax Tax Revenues

Cook County Use Tax Update – Reed Smith Wins Appeal – Ordinance Invalid

On August 4, 2014, the First District Illinois Appellate Court affirmed a lower court decision invalidating Cook County’s Non-Titled Personal Property Use Tax (the “Use Tax”). The Appellate Court dismissed as moot the...more

8/6/2014 - Local Taxes Property Tax Sales & Use Tax

Illinois: The Department’s Effort To Bring Order to Local Sales Tax Sourcing Spreads the Chaos to the State Sales and Use Tax...

The list of potential side-effects of medication can often lend some validity to the aphorism that the remedy is worse than the disease. Tax regulations are not required to list the potential side-effects, but the remedy...more

6/9/2014 - Department of Revenue Jurisdiction Proposed Regulation Sales & Use Tax

Illinois Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2014)

Illinois Sales and Use Tax Sourcing Regulations Shakeup - Hartney Fuel: On November 21, 2013, in Hartney Fuel Oil Company v. Hamer, the Illinois Supreme Court determined that the longstanding regulations for...more

4/16/2014 - Sales & Use Tax

Illinois Local Sales Tax Sourcing Update: Tax Administration by Lawsuit

Previously, we advised of actions filed by the Regional Transportation Authority (RTA), the city of Chicago and Cook County against multiple companies as “respondents in discovery.” These actions all involved the proper...more

3/17/2014 - Constructive Trusts Discovery Sales & Use Tax Trusts

Warning: Illinois Courts Will Not Abide By Sales Tax Audit Results

In rulings in two of the more than 200 recent Illinois False Claims Act ("FCA") cases, the Circuit Court of Cook County (i) denied a motion by the retailer/defendant seeking a dismissal of the complaint and (ii) granted the...more

2/7/2014 - Audits False Claims Act (FCA) Motion to Dismiss Sales & Use Tax State Taxes

Illinois Independent Tax Tribunal – What You Need To Know NOW!

Through Public Act 97-1129, Illinois established the Independent Tax Tribunal (the “Tax Tribunal”) to largely replace the system of administrative hearings conducted by the Illinois Department of Revenue (the “Department”)....more

1/24/2014 - Tax Appeals Tribunals

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