PA Tax Law News -- May 2012 by McNees Wallace & Nurick LLC on 5/22/2012 IN THIS ISSUE: Long Awaited Tech One Associates Decision; Philadelphia Common Level Ratio Drama Continues; Court Upholds IFTA Liability; PA Budget Watch; Goodwill Included in Subsidiary Valuation for Holding Company...more
May 2012: Appellate Litigation Update: Supreme Court to Review Patient Protection and Affordable Care Act by Quinn Emanuel Urquhart & Sullivan, LLP on 5/15/2012 Supreme Court to Review Patient Protection and Affordable Care Act: In one of the most important and closely watched cases in recent memory, the Supreme Court this Term will decide the constitutionality of the Patient...more
Spending Review e Universalismo Selettivo. La Sanità in Italia by Nicola Carmine Salerno on 5/12/2012 Il primo passo obbligato per la spending review in sanità è l'inserimento di principi di selettività nell'offerta delle prestazioni. Dall'universalismo assoluto all'universalismo selettivo....more
Of Bakeries and HealthCare: The Supreme Court and ObamaCare by Sheehan Phinney Bass + Green PA on 5/11/2012 On March 26th, 27th and 28th, 2012, the Supreme Court heard oral arguments on President Obama's signature health care legislation. The main thrust of the opponents of the law was that the "individual mandate" is...more
Illinois "Amazon" Law Ruled Unconstitutional by Loeb & Loeb LLP on 5/10/2012 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
Back to the Future for Real Estate Tax Exemptions and PILOTs/SILOTs? Charities Must Meet HUP Test and Act 55, Pennsylvania High... by Ballard Spahr LLP on 5/8/2012 For charitable organizations in Pennsylvania, obtaining and preserving real estate tax exemptions just got a little more difficult. The Pennsylvania Supreme Court has ruled that the statute intended to clarify the...more
Reasserting Its Role as Final Interpreter of the Law, the Supreme Court Rejects IRS "Fighting Regulation" in United States v. Home... by Morrison & Foerster LLP on 5/7/2012 On April 25, 2012, the Supreme Court issued a 5-4 opinion, written by Justice Breyer, concluding that Treasury Regulation § 301.6501(e)-1(a)(iii) was invalid. The regulation required overstatements of basis to be treated as...more
Pennsylvania Supreme Court Confirms Supremacy of HUP Test for Determining Real Estate Tax Exemptions by Reed Smith on 5/7/2012 On April 25, 2012, the Pennsylvania Supreme Court issued a potentially explosive decision to 501(c) corporations in Mesivtah Eitz Chaim of Bobov, Inc. v. Pike County Board of Assessment Appeals; No. 16 MAP 2011. At issue was...more
Tax Exemption Ruling Defines Public Charity v. Business Interests by Dinsmore & Shohl LLP on 5/3/2012 The Kentucky Supreme Court recently ruled that a private, non-profit entity which acquired and marketed property in order to attract new business to Floyd County, did not qualify for an exemption from paying ad valorem real...more
Senator Opposes Swiss Accounts Tax Treaty Change by Darrin Mish, Tampa Tax Attorney on 5/2/2012 Senator Rand Paul (R – Kentucky) opposes changes to the US-Swiss tax treaty that would effectively allow the US government more access to tax information connected to Swiss bank accounts of US citizens. Senator Paul stresses...more
MoFo New York Tax Insights - Volume 3, Issue 5 - May 2012 by Morrison & Foerster LLP on 4/27/2012 In This Issue: No Hearing Permitted Without a Notice of Deficiency or Refund Denial; Special Refund Authority Not Available for Claiming Time-Barred Resident Tax Credit; Tax Provisions Enacted in 2012-13 State Budget;...more
Taxpayers Receive Tax-Exempt Interest on Settlement by Fox Rothschild on 4/27/2012 In DeNaples v. Commissioner , 109 AFTR 2d 2012-1419 (March 19, 2012), the U.S. Court of Appeals for the Third Circuit, in partially reversing the U.S. Tax Court, held that taxpayers were in receipt of tax-exempt interest...more
For Corporations, a "Virtual Office" in New Jersey Can Lead to an Actual Tax by Cole Schotz on 4/20/2012 For out-of-state corporations that do business in New Jersey through the use of “virtual offices,” the recent decision by the Appellate Division of the Superior Court of New Jersey in Telebright Corporation, Inc. v. Director,...more
New York Court of Appeals: No Due Process Violation Where Municipality Fails To Give Property Owners Notice of Buyback Rights in a... by Reed Smith on 4/9/2012 On February 21, 2012, New York state’s highest court unanimously refused to extend due process protection to property owners challenging a tax lien foreclosure sale on grounds that they did not receive notice of their...more
Colorado’s Use Tax Reporting Regime Declared Unconstitutional by Sutherland Asbill & Brennan LLP on 4/4/2012 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