David Blum

David Blum

Levenfeld Pearlstein

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Frank Aragona Trust: A Taxpayer Win

In a case of first impression, Frank Aragona Trust v. Commissioner, 142 T.C. No. 9 (Mar. 27, 2014), the Tax Court held that a trust could materially participate in a trade or business based upon the activities of the...more

5/7/2014 - Investment Management IRC IRS LLC Materiality Real Estate Investments Residual Interest Tax Court Tax Exemptions Trustees Trusts

Illinois Enacts Legislation Fundamentally Changing Taxation Of Car Leases

Governor Quinn recently signed Public Act 98-0628 into law which subjects motor vehicle leases of more than one year to Illinois Retailers’ Occupation (Sales) Tax on each lease payment. ...more

5/5/2014 - Automotive Industry Finance Lease Contract New Legislation Sales & Use Tax

Illinois Passes Car Lease Tax Legislation, Sends Bill To Governor

The Illinois General Assembly recently passed HB 2317, which, if signed by Governor Quinn, will subject motor vehicle leases of more than one year to Illinois Retailers’ Occupation (Sales) Tax on each lease payment. This is a...more

3/19/2014 - Automotive Industry Leases Sales & Use Tax

Illinois Independent Tax Tribunal Is Up And Running

The Illinois Independent Tax Tribunal is officially up and running. The Tax Tribunal largely replaces the Illinois Department of Revenue’s Office of Administrative Hearings. Now, protests of Notices of Deficiency, Notices...more

2/12/2014 - Income Taxes Sales & Use Tax State Taxes

Illinois DOR Changes Sales Tax Sourcing Rules For Place Of Sale: Drops Bright-Line Test For Facts & Circumstances Approach

The Illinois Department of Revenue recently issued Emergency Regulations changing long standing rules for determining the proper location of where a sale takes place. These Regulations were promulgated in response to a recent...more

2/3/2014 - Department of Revenue Sales & Use Tax State Taxes

Illinois Supreme Court Invalidates 'Amazon' Sales Tax Law: Now What?

The Illinois Supreme Court, affirming a lower court decision, invalidated the state's "click-through" nexus law. This law required out-of-state Internet retailers who use in-state web marketing "affiliates" to collect sales...more

10/29/2013 - Amazon Click-Through Nexus Internet Taxation Sales & Use Tax

Taxation Of Computer Software Sales: Ordinary Income, Capital Gain, Or Both?

The taxation of computer software is complex, confusing, and in some circumstances, uncertain; although self-created computer software is routinely sold today, especially with the significant increase in the number of...more

4/29/2013 - Capital Gains Classification Copyright Income Taxes Patents Sale of Assets Software Trade Secrets

Illinois Use Tax: A New (And Aggressive) Focus On An Old Tax

As a result of Illinois’ budget woes, Illinois has taken a renewed and aggressive interest in collecting state Use Tax. ...more

3/1/2011 - Sales & Use Tax Tax Amnesty Voluntary Disclosure

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