Irwin M. Slomka

Irwin M. Slomka

Morrison & Foerster LLP

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MoFo New York Tax Insights - Volume 5, Issue 10 - October 2014

In This Issue: - State Tribunal Reverses ALJ and Allows Combined Reporting - Tribunal Finds Oxygen Cylinders Were Purchased for Resale - Appellate Court Denies Nassau County Class Action Certification in...more

10/6/2014 - Class Action Innocent Spouse Exception Online Sales Tax Sales & Use Tax State Taxes

MoFo New York Tax Insights - Volume 5, Issue 9 - September 2014

In This Issue: - ALJ Upholds Denial of Sales Tax Refund Because Vendor Failed to First Make Refunds to Customers - HMO Held Exempt from New York City General Corporation Tax - State Tax Department Issues...more

9/4/2014 - Corporate Taxes Dodd-Frank False Claims Act HMOs Sales & Use Tax Software State Taxes Tax Reform Tax Refunds Whistleblowers

MoFo New York Tax Insights - Volume 5, Issue 8 - August 2014

In This Issue: - Department Releases New Nonresident Audit Guidelines to Address Gaied - Nuclear Power Plant That Produces Steam and Water to Generate Electricity Is Not Eligible for Investment Tax...more

8/6/2014 - Energy Tax Incentives Fees Fraud Nuclear Power State Taxes Statute of Limitations Tax Credits Tax Reform

MoFo New York Tax Insights - Volume 5, Issue 7 - July 2014

In This Issue: - Department of Finance Announces Updated Commercial Rent Tax Audit Policy on Billboards - ALJ Finds No Hearing Right To Challenge Notice and Demand, and Corporate “President” Is Personally...more

7/2/2014 - Advertising Audits Commercial Leases Personal Liability Sales & Use Tax Voluntary Disclosure

MoFo New York Tax Insights - Volume 5, Issue 6 - June 2014

In This Issue: - New York Court Grants Airbnb’s Motion to Quash Attorney General’s Subpoena - New York City UBT Ruling Allows Broker-Dealer Sourcing for Non-Registered Broker-Dealers - ALJ Dismisses Action as...more

6/3/2014 - AirNB ALJ Attorney Generals Broker-Dealer Hospitality Industry Hotels Occupancy Occupancy Tax Sales & Use Tax

MoFo New York Tax Insights - Volume 5, Issue 5 - May 2014

In This Issue: - Two Combined Reporting Decisions Highlight Issues Involving “Permissive” Combined Reporting - New York State Corporate Tax Reform Legislation Enacted – What You Need to Know - Appellate Court...more

5/12/2014 - Due Process Income Taxes Partnership Interests Residency Status State Budgets State Taxes Tax Liability Tax Reform Withholding Tax

NYC Mayor de Blasio Appoints New Finance Commissioner

New York City Mayor Bill de Blasio has appointed Jacques Jiha to be the next Commissioner of the Department of Finance, the agency that administers most New York City taxes. Mr. Jiha, who holds a Ph.D. in Economics, has more...more

4/10/2014 - Administrative Appointments Finance Commissioner

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

4/7/2014

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

4/7/2014 - Income Taxes SALT Tax Evasion Tax Reform

MoFo New York Tax Insights - Volume 5, Issue 3 - March 2014

In This Issue: Court of Appeals Reverses Gaied “Permanent Place of Abode” Decision; ALJ Holds That Certain Data Processing Services Furnished to Broker-Dealers Are Not the Licensing of Software; Trial Court Allows...more

3/4/2014 - State Budgets State Taxes Tax Reform Trucking Industry

MoFo New York Tax Insights - Volume 5, Issue 2 - February 2014

In This Issue: Governor Cuomo Releases Ambitious 2014-15 Executive Budget; Third Department Holds Transfer of Condemned Property Did Not Occur Until After Gains Tax Was Repealed; Trial Court Upholds Constitutionality...more

2/4/2014 - Corporate Taxes Income Taxes SALT State Budgets State Taxes

MoFo New York Tax Insights - Volume 5, Issue 1 - January 2014

In This Issue: The Top 10 New York Tax Highlights of 2013; New York City Permitted to Collect Hotel Tax Prior to Explicit Statutory Authority; Appellate Division Reinstates Tax Exemption for Public Parking Facilities;...more

1/7/2014 - Hotels Income Taxes SALT State Taxes TEFRA

MoFo New York Tax Insights - Volume 4, Issue 12 - December 2013

In This Issue: Governor’s tax Reform Commission Issues Final Report; Third Department Affirms tribunal: Government Financing Arrangements Are not Investment Capital; Appellate Division holds taxpayer Failed to Prove...more

12/3/2013 - ALJ Domicile Financing Foreign Banks Funding Income Taxes Tax Reform

MoFo New York Tax Insights - Volume 4, Issue 11 -- November 2013

In This Issue: Taxpayer Wins and Loses in Statutory Residency Case; Guidance Issued on Reciprocal Credit for Sales or Use Tax; State Tax Department Issues Guidance on START-UP NY Program; and Insights in...more

11/1/2013 - Residency Status Sales & Use Tax Startups State Taxes Tax Exemptions

MoFo New York Tax Insights - Volume 4, Issue 10 - October 2013

In This Issue: Despite Incorrect Advice from NYS Tax Department, Conference Request Held to Be Untimely; Corporate Officer Liable for Sales Tax Despite Creditor’s “Sweep Arrangement” with Corporation; Charter Yacht Not...more

10/3/2013 - Corporate Officers Creditors Fraud Injunctions Penalties Personal Liability Sales & Use Tax Same-Sex Marriage Tax Assessment Tax Exemptions Tax Returns Vessels

MoFo New York Tax Insights - Volume 4, Issue 9 - September 2013

In This Issue: Gain on Sale of Non-New York Leaseholds Held Properly Sourced to New York Based on Business Allocation Percentage; Tribunal Reverses Dismissal and Allows Case to Proceed Before ALJ; Federal Court...more

9/10/2013 - ALJ Tax Rates

MoFo New York Tax Insights - Volume 4, Issue 8 - August 2013

In This Issue: ALJ Disallows Combined Filing in Absence of Substantial Intercorporate Transactions; Court Rejects Constitutional Challenge to Tax Credit Deferral Legislation; New York City Loses Another Transfer Tax...more

8/7/2013 - ALJ Corporate Sales Transactions Tax Credits Tax Reform Transfer Taxes

MoFo New York Tax Insights - Volume 4, Issue 7 -- July 2013

In This Issue: - New York’s Highest Court Holds Retroactive Changes to Empire Zones Tax Credit Program Unconstitutional - Tribunal Upholds Applicability of Sales Tax to Environmental Testing and Monitoring...more

7/2/2013 - Due Process Investment Tax Credits Resale Exemption Residency Requirements Retroactive Application Sales & Use Tax Tax Credits Tax Exemptions

MoFo New York Tax Insights - Volume 4, Issue 6 - June 2013

In This Issue: - Single Charge for Investment Management Services Found Not Subject to New York Sales Tax. - Remote Vendor Not “Doing Business” in New York. - Nonresident Partner’s Loss from 2005...more

6/4/2013 - Advisory Opinions Bundled Payments Click-Through Nexus Investment Management Partnerships Sales & Use Tax Vendors

MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013

In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate...more

5/14/2013 - Add-Back Legislation Andrew Cuomo Fraud Insurers Investment Tax Credits Liens Nuclear Power Prudential QEZE Benefits Royalties S-Corporation Tax Returns

E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute

On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause...more

4/25/2013 - Amazon Click-Through Nexus Commerce Clause Due Process E-Commerce Overstock.com Sales & Use Tax

MoFo New York Tax Insights - Volume 4, Issue 4 - April 2013

In This Issue: New York Court of Appeals Upholds “Amazon” Statute; Guilty Plea and $5.5 Million Settlement Resolve New York’s False Claims Case; City ALJ Dismisses Case Seeking Interest on $30 Million Refund;...more

4/8/2013 - Amazon Click-Through Nexus Commerce Clause Due Process False Claims Act Gramm-Leach-Blilely Act Independent Contractors Sales & Use Tax Tax Returns Whistleblowers

MoFo New York Tax Insights - Volume 4, Issue 3 - March 2013

In This Issue: Court of Appeals Hears Oral Argument in Amazon Sales Tax Appeal; Tribunal Affirms There Is No Right to a Hearing Without a Notice of Deficiency or Refund Denial; Department Rules that Real Estate-Related...more

3/7/2013 - Amazon Bernie Madoff Deficiency Notices Sales & Use Tax

MoFo New York Tax Insights - Volume 4, Issue 2 - February 2013

In This Issue: Divided Appellate Division Affirms Tribunal’s Gaied “Permanent Place of Abode” Decision; Combined Reporting Permitted by ALJ Despite Absence of Substantial Intercorporate Transactions; Commissions Paid...more

2/5/2013 - Article 9 Combined Reporting Corporate Taxes Legal Costs Property Tax Real Estate Commissions Residence Taxes UBT Addback

MoFo New York Tax Insights - Volume 4, Issue 1 - January 2013

In This Issue: Court of Appeals Reverses Appellate Division, Holds that EchoStar’s Equipment Purchases Qualified as Sales for Resale; Appellate Court Holds Electronic Messaging Services Subject to Sales Tax; ALJ Finds...more

1/4/2013 - ALJ Appeals Domicile Innocent Spouse Exception QEZE Benefits Retail Market Sales & Use Tax

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