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 Decision
- Income Tax Withholding: Framework of the Issues
- California Franchise Tax Board Provides New Regulatory Guidance on Deferred Intercompany Stock Accounts
- The Arbitrary Trend in Favor of Single-Sales Factor Apportionment
- Excerpt from Where’s Walden? Finding Protection under the Due Process Clause:
In the aftermath of Quill, and the seemingly low threshold to satisfy the Due Process Clause articulated by the U.S. Supreme Court, many practitioners and taxpayers essentially abandoned the Due Process Clause as a tool to challenge assertions of nexus, preferring instead to focus on the Commerce Clause. However, several recent Supreme Court decisions should cause practitioners and taxpayers to rethink that strategy.
The Court’s decisions in Goodyear, J. McIntyre Machinery, Daimler and Walden not only show the Court’s renewed emphasis on the Due Process Clause as a limitation on assertions of jurisdiction under state long-arm statutes, but also provide taxpayers with a framework to challenge the ever-increasing assertions of nexus for tax purposes by state legislatures and taxing authorities.
Please see full issue below for more information.
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Topics: Apple, CFCs, Due Process, Franchise Tax Board, Franchise Taxes, SALT, State Taxes, Subpart F
Published In: Civil Procedure Updates, General Business Updates, Constitutional Law Updates, International Trade Updates, Tax Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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