Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
In this issue: - California Court of Appeal: No Man May Profit From His Own Wrongdoing in a Court of Justice - The (True) Object of My Affection: A Nontaxable Stock Screening Service - Alternate Universe...more
On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)...more
In an important recent decision, United States v. Quality Stores, Inc., et al., Case No. 01-1563, 2012 U.S. App. LEXIS 18820 (6th Cir. Sept. 7, 2012), the U.S. Court of Appeals for the Sixth Circuit held that supplemental...more
The 2012-2013 Pennsylvania state budget adopted last July authorized the use of administrative bank attachment by the Department of Revenue. Prior to utilizing this collection technique, the Department was required to develop...more
This week's article looks at the disastrous result of the 7th Circuit class action case Thomas v. UBS AG and the lessons in multistate class action practice that can be learned from it....more
On January 18, 2013, the District Court for the District of Columbia held that the Internal Revenue Service lacked the authority to issue and enforce the tax return preparer regulations that it issued in 2011 and permanently...more
If you currently owe back income and/or payroll taxes, the Internal Revenue Service's (IRS) recently initiated "Fresh Start Program" may now make either (1) the installment agreement or (2) an Offer in Compromise (OIC) a more...more
In This Issue: Taxpayers Prevail Where Department Used Unreasonable Audit Methodology; Motion Pictures Delivered in Digital Form are not Subject to Sales Tax; Guidance for Employers for Withholding on Nonresident...more
The New Jersey Tax Court agreed with our argument and handed IGT a victory on a challenge to the New Jersey Division of Taxation’s reduction of refund interest. The Division sought to deprive IGT of almost four years of...more
Italian tax authorities have become increasingly involved in mutual agreement procedures (MAPs) with foreign competent authorities in order to avoid double taxation, mostly as a result of an approach to transfer pricing...more
Borrowers who file a bankruptcy petition are always looking for creative new challenges to claims asserted by their bank creditors. In recent years, debtors have argued that a bank’s issuance of an Internal Revenue Code form...more
Originally published in Tax Management Weekly State Tax Report on June 8, 2012 Issue: 23, 06/08/2012. Copyright 2012 by The Bureau of National Affairs, Inc.. The past year saw marked developments in state tax law....more
On the heels of a taxpayer victory last year, another aircraft owner has successfully challenged Maine Revenue Services’ imposition of use tax on private aircraft that land in Maine. In Mile High Air, LLC v. State Tax...more
Although Pennsylvania Capital Stock and Franchise Taxes are being phased out, a recent case demonstrates that the taxes still generate significant issues. In Systems & Computer Technology Corp. v. Cmwlth., 77 F.R. 2009...more
An Illinois circuit court in Performance Marketing Association, Inc. v. Hamer ruled that the Illinois "click-through" nexus statute (otherwise known as the Illinois "Amazon" law) violates the Commerce Clause of the United...more
A disturbing trend is developing in state and local taxation: the use of false claims acts (FCAs) with qui tam provisions as a basis for challenging taxpayers’ tax return filings. On April 19 the New York state attorney...more
The family of the late Lance Corporal Andrew Carpenter is fighting for waiver of a tax bill the IRS imposed on them. 27-year old Lance Corporal Carpenter died of a sniper attack in Germany while on active duty in Afghanistan...more
On March 30, 2012, the U.S. District Court for the District of Colorado permanently enjoined the enforcement of Colorado’s sales and use tax notice and reporting requirements. The Direct Marketing Association v. Roxy Huber,...more
In This Issue: - Taxpayers Sue New York State Under False Claims Act; Citizens Demand To Get What They Pay For - States Engage Transfer Pricing Firms to Identify Overpayments, Refunds - U.S. Supreme Court...more
Companies that are facing seemingly insurmountable financial difficulties can often turn to chapter 11 for relief. Some of the key advantages of filing chapter 11 to successfully resolve a company’s financial woes...more
Originally published in www.lawyersweekly.ca - THE LAWYERS WEEKLY, March 16, 2012. Tax law geeks call it “form over substance” — how Canadians are taxed on their actual relationships and transactions rather than what...more
Recent reports are that a deal has been agreed to by all interested parties which would allow the sale of Full-tilt assets to a French Company (GBT). As reported part of the purchase includes a payment of $80M USD by the...more
The position of the DOJ and by inference the fate of the players claims to funds seized by the DOJ is clearly revealed in the Motion to Dismiss the claim of Adam Webb in the Civil Forfeiture case. The government unequivocally...more
A federal district court recently granted a motion for preliminary injunction filed by The Direct Marketing Association, thereby enjoining the Colorado Department of Revenue from enforcing its sales and use tax notification...more
On January 26, 2011, a U.S. District Court granted the Direct Marketing Association’s (DMA) motion for a preliminary injunction preventing the state of Colorado from enforcing its recently enacted sales tax notice and...more
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