Kara M. Kraman

Kara M. Kraman

Morrison & Foerster LLP

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MoFo New York Tax Insights - Volume 7, Issue 7

ALJ holds NYS Real Estate Transfer Tax Cannot Be Imposed on Sale of 45% Membership Interest in LLC - In an issue of first impression under the New York State real estate transfer tax, a New York State Administrative Law...more

7/7/2016 - Admissions ALJ Corporate Taxes Data Mining HMOs Income Apportionment Insurance Companies Limited Liability Companies Real Estate Transfers State Tax Tribunals Tax Appeals Tax Commissions Tax Court Transfer Taxes Tribunals

New York City Tribunal Rejects City’s Attempt to Forcibly Combine Bank and Its Mortgage Subsidiary

The New York City Tax Appeals Tribunal, affirming a determination of an Administrative Law Judge, has held that Astoria Bank, which engaged in a banking business in New York City, was not required to include in its combined...more

5/26/2016 - ALJ Banks Mortgages Subsidiaries Tax Appeals Tax Court Tax Returns

MoFo New York Tax Insights - Volume 7, Issue 5

Retroactive Application Of 2010 Statutory Amendment Permitted By Tribunal - Reversing the decision of an Administrative Law Judge, the New York State Tax Appeals Tribunal has upheld the constitutionality of retroactively...more

5/5/2016 - ALJ Apportionment Corporate Taxes Estate Tax Net Operating Losses Retroactive Application Sales Tax State Budgets State Tax Tribunals Tax Appeals Tax Court Tax Reform

MoFo New York Tax Insights - Volume 7, Issue 2

State Tax Department Releases New Draft Article 9-A Combined Reporting Regulations - The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise tax...more

2/8/2016 - Article 9 Combined Reporting Corporate Taxes Lease Tax Net Investment Income Safe Harbors Sales Tax State Budgets State Taxes Tax Deductions Tax Reform Tax Refunds

Out-of-State Subsidiary Holding Company Cannot Be Forcibly Included in a Colorado Combined Return

A Denver District Court judge has held that the Colorado Department of Revenue cannot forcibly combine a corporation’s subsidiary, a holding company that derived its income solely from investments in foreign entities, in...more

1/25/2016 - Combined Reporting Department of Revenue Foreign Entities Foreign Investment Internal Revenue Code (IRC) Section 482 Subsidiaries

MoFo New York Tax Insights - Volume 6, Issue 11

Resident Is Not Subject to Use Tax on Yacht Briefly Docked in the State - In Matter of Michael Pellino, DTA No. 825869 (N.Y.S. Div. of Tax App., Oct. 1, 2015), a New York State Administrative Law Judge concluded that...more

11/6/2015 - Aggregation Rules Digital Goods Prevailing Party Qui Tam Realty Transfer Taxes Sales & Use Tax Sprint State False Claims Acts State Taxes Tax Reform

MoFo New York Tax Insights - Volume 6, Issue 9

Tribunal Upholds Personal Liability of LLC Members for Sales Tax - The New York State Tax Appeals Tribunal has affirmed the determination of an Administrative Law Judge that a member of a limited liability company...more

9/3/2015 - Continuing Legal Education Excise Tax Foreign Corporations Income Taxes Internet LLC Mobile Devices Nexus Personal Liability Sales & Use Tax Sales Tax Tax Litigation Telecommunications

MoFo New York Tax Insights - Volume 6, Issue 8 - August 2015

Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities - Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more

8/14/2015 - Attorney's Fees Capital Markets Charitable Organizations Corporate Taxes Electricity FOIA Investment Funds Mobile Devices New Guidance Nuclear Power Parking Lots Property Tax Remand Renewable Energy Revocation Sales & Use Tax Tax Appeals Tax Court Tax Credits Tax Exemptions Tax Reform Tax Tribunal

MoFo New York Tax Insights - Volume 6, Issue 7 - July 2015

In This Issue: - Important Changes at NYS and NYC Tax Agencies - Court of Appeals Upholds Constitutionality of Taxing Nonresidents on Gain from S Corporation Stock Sale in Two Separate Decisions - NYC Tribunal...more

7/15/2015 - Business Taxes Corporate Taxes Foreign Banks Income Taxes Intangible Property Investment Adviser LLC Management Fees Real Estate Transfers S-Corporation Sales & Use Tax Shareholders Stocks Tax Appeals Tax Liability

MoFo New York Tax Insights - Volume 6, Issue 4 - April 2015

In This Issue: - State Tribunal Affirms Decision Imposing Sales Tax on Information Services - Appellate Division Upholds Applicability of Sales Tax to Environmental Testing and Monitoring Services - Bulk...more

4/6/2015 - Broker-Dealer Bulk Purchasing Income Taxes Intangible Property Sales & Use Tax Service Contracts

Significant New Jersey Tax Cases in 2014

Several significant tax cases have been decided in New Jersey in 2014. Perhaps even more notably, nearly all of them have been decided in favor of the taxpayer. The decisions address a broad spectrum of issues, including the...more

3/5/2015

MoFo New York Tax Insights - Volume 6, Issue 2

In This Issue: - Governor Cuomo Releases 2015-16 Executive Budget, Including New York City Corporate Tax Reform - New Commissioner of Taxation and Finance - ALJ Holds That Husband Changed His Domicile to...more

2/4/2015 - Andrew Cuomo Brownfield Properties Corporate Taxes Residency Status Sales & Use Tax State Budgets Tax Reform

MoFo New York Tax Insights - Volume 6, Issue 1 - January 2015

In This Issue: - The Top 10 New York Tax Highlights of 2014 - Tribunal Affirms That a Charter Yacht Is Not Exempt from Use Tax as a Commercial Vessel - Court of Appeals Holds City Transfer Tax Does Not...more

1/6/2015 - Corporate Taxes New Legislation Realty Transfer Taxes Sales & Use Tax State Taxes Tax Reform Transfer Taxes Vessels Virtual Currency

MoFo New York Tax Insights - Volume 5, Issue 12 - December 2014

In This Issue: - ALJ Rejects New York City’s Attempt to Forcibly Combine Bank and Its Non-New York City Mortgage Subsidiary - Tribunal Amends Decision Upholding Disallowance of Nonresident Partner’s Loss from...more

12/10/2014 - Banks Charitable Donations Corporate Taxes Non-Profits Partnerships Property Tax Sales & Use Tax State Taxes

MoFo New York Tax Insights - Volume 5, Issue 11 - November 2014

In This Issue: - Court Orders Department of Finance to Release Corporate Tax Return Records to City Comptroller - ALJ Upholds State Tax Department Policy on Personal Liability of LLC Members for Sales...more

11/10/2014 - Audits Corporate Taxes Film Industry IRS Limited Liability Companies Movies Personal Liability Sales & Use Tax Statute of Limitations Tax Refunds Tax Returns Television Programming

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 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

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

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