Michael Jacobs

Michael Jacobs

Reed Smith

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Tom Brady’s suspension reinstated, so what are the potential Massachusetts tax consequences?

Deflategate and the NFL’s suspension of quarterback Tom Brady for 4 games has been the NFL’s biggest news story of the past two years. On April 25, 2016, the United States Court of Appeals for the Second Circuit ruled in...more

4/28/2016 - Athletes Bonuses Deflategate Employment Contract Income Taxes New England Patriots NFL State Taxes Tom Brady Work Suspensions

Mark Nunnelly Leaving Position as DOR Commissioner – DOR Now Seeking 3rd Commissioner in Less Than 2 years

Governor Charlie Baker’s office announced in a press release today that Mark Nunnelly has accepted a new role as Executive Director of MassIT, the state technology office, beginning April 4. In that role, Mr. Nunnelly is...more

3/16/2016 - Department of Revenue Governor Baker Information Technology

Massachusetts Net Worth “True Debt” Litigation Moves Forward—Oral Argument Held, Awaiting Decision

With oral argument and briefing complete, the Massachusetts Department of Revenue’s authority to increase the net worth component of a taxpayer’s corporate excise using its “true debt” analysis is under review by the Appeals...more

3/4/2016 - Appeals Corporate Taxes Debt Excise Tax Income Taxes International Finance Statements of Net Worth

Massachusetts Department of Revenue Launches Pilot Program for Settling Uncertain Tax Issues—Lack of Anonymity in Settlement...

Continuing its efforts to improve the process for resolving tax disputes in Massachusetts, the Massachusetts Department of Revenue has released final AP 637 Voluntary Disclosure Program for Settlement of Uncertain Tax Issues...more

2/16/2016 - Anonymity Audits Department of Revenue Settlement Agreements State Taxes Tax Appeals Voluntary Disclosure

Virginia Trial Court Rules Against Taxpayer in Addback Case

In a case of first impression, the Richmond City Circuit has determined that Virginia’s “subject to tax” exception to intangible expense addback only applies to the portion of the royalty that the recipient included in its...more

2/10/2016 - Add-Back Legislation Exceptions First Impression Income Taxes Royalties Tax Litigation Trial Court Orders

Pennsylvania Department of Revenue Releases Discussion Draft of Add-Back Notice

On February 2, 2016, the Pennsylvania Department of Revenue (the “Department”) released its first effort at providing public guidance regarding Pennsylvania’s intangible expense add-back provision. In its Discussion Draft of...more

2/3/2016 - Add-Back Legislation Business Taxes Department of Revenue Draft Guidance Exceptions

Supreme Judicial Court Rules Against Taxpayer in Regency Transportation

On January 6, the Massachusetts Supreme Judicial Court (“SJC”) issued its decision in Regency Transportation v. Commonwealth, finding against the taxpayer. The taxpayer in Regency was a trucking company that purchased...more

1/11/2016 - Commerce Clause Department of Revenue MA Supreme Court Sales & Use Tax Trucking Industry

Massachusetts Joint Committee Hears Testimony Yesterday on Bill to Ban Use of Contingent Fee Auditors

Yesterday, the Massachusetts Legislature’s Joint Committee on State Administration and Regulatory Oversight heard testimony on Senate Bill 1710, a bill that would prohibit the use of contingent fee auditors by state agencies,...more

11/11/2015 - Auditors Audits Contingency Fees Legislative Committees Public Policy

Supreme Judicial Court hears Oral Argument in Regency

Today, the Massachusetts Supreme Judicial Court (“SJC”) heard oral argument in Regency Transportation v. Commonwealth, a case in which the taxpayer is challenging the Department of Revenue’s assessment of use tax on the full...more

11/6/2015 - First Marblehead v MA Commissioner of Revenue MA Supreme Court Sales & Use Tax SCOTUS State Taxes

U.S. Supreme Court Vacates Decision in First Marblehead; Remands to Massachusetts Supreme Judicial Court

On October 13, the United States Supreme Court granted a request for review in the case of First Marblehead Corporation v. Massachusetts Commissioner of Revenue, and summarily vacated the decision issued January 28, 2015, by...more

10/17/2015 - Comptroller of the Treasury v Wynne Dormant Commerce Clause Double Taxation Financial Institutions First Marblehead v MA Commissioner of Revenue Loans MA Supreme Court Remand SCOTUS SINAA Test Tax Appeals Vacated

Breaking News: U.S. Supreme Court Vacates Decision in First Marblehead; Remands to Massachusetts Supreme Judicial Court

Today, the United States Supreme Court granted a request for review in the case of First Marblehead Corporation v. Massachusetts Commissioner of Revenue, and summarily vacated the decision issued January 28, 2015, by the...more

10/14/2015 - Dormant Commerce Clause Double Taxation Financial Institutions First Marblehead v MA Commissioner of Revenue Income Taxes Interstate Commerce Local Taxes SCOTUS State Taxes

Pennsylvania’s NOL Cap—There’s Still Time to File a 2011 Refund Claim (and It’s Easy!)

There is ongoing litigation over whether Pennsylvania’s NOL cap is unconstitutional. Many taxpayers have already filed protective refund claims to preserve their rights in the event the cap is found unconstitutional. If you...more

10/6/2015 - Net Operating Losses Statute of Limitations Tax Refunds

Massachusetts Denies ‘True Debt’ Treatment for Cash Management Obligations

The Massachusetts Appellate Tax Board (“ATB”) has once again issued a Findings of Fact and Report upholding a Department assessment on the basis that a taxpayer’s intercompany obligations under a cash management system were...more

9/9/2015 - Debt Excise Tax Staples Tax Appeals Tax Deductions

Massachusetts Tax Developments - A Reed Smith Quarterly Update: June 2015

Welcome to the latest Reed Smith Massachusetts State Tax Quarterly Update. In this update, we’ll look at the most recent developments in Massachusetts corporate tax, provide some administrative updates, and discuss some hot...more

6/22/2015 - Corporate Taxes Intercompany Transactions Interest Payments MassMutual Staples

First Marblehead Requests U.S. Supreme Court Review In SINAA Sourcing Appeal

In a case of interest for any taxpayer with substantial securitization activities, First Marblehead Corporation and Gate Holdings, Inc. have requested United State Supreme Court review of a recent determination of the...more

6/5/2015 - Corporate Taxes Financial Institutions Petition for Writ of Certiorari SCOTUS Secured Debt

Maryland Tax Court Continues Disturbing Trend in Post-Gore Cases with Recent Staples Decision

Last week, the Maryland Tax Court issued its decision in the consolidated cases of Staples, Inc. v. Comptroller of the Treasury and Staples the Office Superstore, Inc. v. Comptroller of the Treasury. The cases involved the...more

6/3/2015 - ConAgra Corporate Taxes Nexus Staples State Taxes

Trucking Company Appeals ATB Decision Upholding Use Tax Assessment on Trucks Used in Interstate Commerce

In a case to watch for interstate trucking companies, Regency Transportation, Inc. is appealing a use tax assessment upheld by the Massachusetts Appellate Tax Board (“ATB”). Regency had challenged the Department of Revenue’s...more

5/4/2015 - Commerce Clause Interstate Commerce Tax Appeals Tax Assessment Trucking Industry

Maryland Tax Amnesty and Other Highlights from the 2015 Maryland Legislative Session

Last week, the Maryland General Assembly wrapped up its 2015 legislative session. From a tax perspective, it was a relatively quiet term. Nevertheless, a few bills were enacted that taxpayers should be aware of....more

4/27/2015 - Corporate Taxes Income Taxes Lyft Ridesharing Sales & Use Tax State Taxes Storm Water Tax Amnesty Uber

Are eFax services taxable telecommunications services in Massachusetts?

While Massachusetts’ expansion of its sales tax to include computer-related services was repealed within three months of its enactment, the Massachusetts Department of Revenue continues to take a close look at sales treated...more

4/21/2015 - Sales Tax Telecommunications

Department of Revenue releases detailed guidance for corporate excise tax amnesty program

The Massachusetts Department of Revenue released TIR 15-2 specifying the administrative details of the amnesty program authorized by the legislature earlier this year. The amnesty period is open now through May 15, 2015, for...more

3/24/2015 - Corporate Taxes Department of Revenue Excise Tax Tax Amnesty

Massachusetts Tax Developments - A Reed Smith Quarterly Update: March 2015

Welcome to the latest Reed Smith Massachusetts State Tax Quarterly Update. In this update, we’ll look at the most recent developments in Massachusetts corporate tax, sales and use tax, and tax administration; and discuss some...more

3/9/2015 - Corporate Taxes Legislative Agendas Sales & Use Tax Tax Amnesty

ConAgra Brands; Taxpayer Loss in First Post-Gore Decision Signals More Challenges for Intercompany Transactions in Maryland

The Maryland Tax Court recently issued its decision in ConAgra Brands Inc. v. Comptroller of the Treasury, 09-IN-OO-0150 (Md. Tax Ct., Feb. 24, 2015). The case involved the Comptroller’s assertion of nexus over ConAgra...more

3/3/2015 - Advertising ConAgra Corporate Taxes License Agreements Marketing Subsidiaries Tax Court

A Quick Overview of Substantive Changes in Final Massachusetts Market Sourcing Regulation 830 CMR 63.38.1—From 10/30/14 Draft to...

As we reported on Friday, the Massachusetts Department of Revenue has promulgated its final regulations governing the apportionment of income (830 CMR 63.38.1). The regulations implement legislation that mandates...more

1/6/2015 - Apportionment Department of Revenue Final Rules Market Based Approach

Massachusetts Tax Developments: A Reed Smith Quarterly Update (3rd Quarter 2014)

Welcome to the latest Reed Smith Massachusetts State Tax Quarterly Update. In this update, we’ll look back to the developments from the first half of 2014, and look ahead to market-based sourcing and other issues on the...more

10/15/2014 - Airlines Apportionment Corporate Taxes Electricity Market Based Approach Telecommunications

Pennsylvania DOR Releases Draft Market-Sourcing Guidelines

On June 16, the Department of Revenue released draft guidance on applying Pennsylvania’s new market-based, sales factor sourcing legislation that was signed into law in July 2013. The new market-sourcing legislation is...more

6/20/2014 - Department of Revenue New Legislation Tax Rates

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