Mitchell Newmark

Mitchell Newmark

Morrison & Foerster LLP

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North Carolina Alters Sales Factor for Certain Royalty Recipients

Effective May 11, 2016, the North Carolina General Assembly amended the royalty reporting option contained in Section 105-130.7A(a). As a result of the amendment, even if royalty payments are added back to the royalty...more

8/25/2016 - Amended Legislation Apportionment Business Taxes Royalties Sales Factor State and Local Government

Throwout: New Jersey Supreme Court Denies Certification

The New Jersey Supreme Court has denied certification in Lorillard Licensing Company LLC v. Director, Division of Taxation, making the Appellate Division's decision final. The Appellate Division affirmed the Tax Court in its...more

6/22/2016 - Business Taxes Corporate Taxes Double Taxation Nexus NJ Supreme Court Standard of Review Tax Court Throwout Rule

New Jersey Tax Court Publishes Decisions That Dual Nexus Standards Are Inappropriate For Throwout

On January 6, 2016, the New Jersey Tax Court approved its January 14, 2014 decision in Lorillard Licensing Company LLC v. Director, Division of Taxation for publication, making the Tax Court decision precedential. The...more

1/7/2016 - Business Taxes Corporate Taxes Nexus NJ Supreme Court Standard of Review Tax Court

New Jersey Files Notice of Petition for Certification After Appellate Division Affirms That Dual Nexus Standards Are Inappropriate...

New Jersey filed a notice of petition for certification (request for discretionary review) with the New Jersey Supreme Court seeking reversal of the Appellate Division’s December 4, 2015 decision that the Division may not...more

12/31/2015 - Business Taxes Corporate Taxes Nexus NJ Supreme Court Petition for Writ of Certiorari

Scudder Appointed Acting Treasurer of New Jersey Has Tax and Economics Backgrounds

Mr. Scudder’s leadership is scheduled to commence on November 9, 2015. Mr. Scudder returns to his native New Jersey from his dual roles as Chief Operating Officer of economic research and consulting firm Laffer...more

10/30/2015 - Administrative Appointments State Treasurers Treasury

Michigan Court of Appeals Upholds the Constitutionality of the State’s Retroactive Repeal of the Multistate Tax Compact

The Michigan Court of Appeals affirmed the Court of Claims’ decisions in cases that challenged the constitutionality of Michigan’s purported retroactive repeal of the Multistate Tax Compact effective January 1, 2008. The...more

10/5/2015 - Appeals Multistate Tax Compact Repeal Retroactivity

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

Indiana DOR Finds Economic Nexus, Disregards UPS

The Indiana Department of Revenue recently concluded that a company that earned royalty income from licensing trademarks and trade names to two of its Indiana affiliates, and had no physical presence in the state, nonetheless...more

9/10/2014 - Corporate Taxes Department of Revenue Foreign Entities License Agreements Patents Reinsurance Royalties Trademarks UPS

State + Local Tax Insights -- Spring 2014

In This Issue: - Where’s Walden? Finding Protection under the Due Process Clause - Upcoming Speaking Engagements - CFCs and Subpart F Income in a California Water’s-Edge Election and What’s Wrong with the Apple...more

4/17/2014 - Apple CFCs Due Process Franchise Tax Board Franchise Taxes SALT State Taxes Subpart F

New Jersey Throwout: Tax Court Amplifies Its No Dual Nexus Decision

The New Jersey Tax Court issued a written amplification of its bench decision in Lorillard Licensing Company LLC’s appeal that the Division of Taxation may not apply dual nexus standards for Throwout purposes. In...more

1/15/2014 - Nexus Tax Court Whirlpool

Q&A With Morrison & Foerster's Mitch Newmark

Mitchell A. Newmark is a partner at Morrison & Foerster LLP and is concentrated on state and local tax litigation and appeals before administrative and judicial bodies around the country. Newmark also advises companies and...more

12/3/2013 - Appeals Corporate Taxes Foreign Corporations Income Apportionment Supply Chain Tax Planning

State + Local Tax Insights -- Fall 2013

In This Issue: “Occasional Sales” and Single Sales Factor Apportionment in California; Upcoming Speaking Engagements; State Taxation of Financial Institutions; Applying the True Object Test to Determine the Taxability...more

10/29/2013 - Apportionment Economic Presence Nexus Franchise Taxes SALT State Taxes

Economic Nexus Curtailed, Again

Introduction - In a period of 18 months, three state courts have refused to extend economic nexus approaches to the facts before them, despite prior decisions in those states that corporations without physical presence...more

10/21/2013 - Corporate Taxes Nexus

New Jersey Tax Court Issues Bench Ruling That Dual Nexus Standards Are Inappropriate In Applying Throwout

In response to numerous inquiries for copies of our Transcript of ruling and argument following our August 22, 2013 alert, of the New Jersey Tax Court’s bench ruling that the Division of Taxation may not apply dual nexus...more

9/12/2013 - Nexus State Taxes

State + Local Tax Insights -- Spring 2013

In This Issue: Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and...more

5/14/2013 - Apportionment Business Income Sales & Use Tax

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