Sutherland SALT Shaker- Vol. 2 No. 8 September 2011

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IN THIS ISSUE:

Indiana Jeopardy Assessments (and Taxpayer) Turn Out to be a Dog

While the power to issue a jeopardy assessment has been referred to as part of a state’s “power of the purse, not its power of the sword,”1 state and local taxing authorities have shown a propensity to impose jeopardy assessments.....

Iowa Court Upholds Equal Protection Challenge

Taxpayers frequently challenge tax laws based on equal protection grounds, but states generally prevail on the rather easily met rational basis test.

SALT Pet of the Month

Meet Mrs. Beasley (“B” for short)—often called the luckiest dog in the world. Sutherland Chief Client Service Officer Felice Wagner found Mrs. Beasley 15 years ago on U.S. Route 1 in downtown Miami.....

Indiana “Tax-Free” Beer

For the second time, the Indiana Tax Court has ruled that Miller Brewing’s sales to Indiana customers from Miller Brewing’s Ohio facility were not considered Indiana sales for purposes of inclusion in the sales factor numerator.....

Back to School: Connecticut Supreme Court to Hear Scholastic Book Club Appeal

The Connecticut Supreme Court is set to decide an issue that has been the subject of debate in several states over the last 20 years whether Scholastic Book Club’s (Scholastic) use of teachers to distribute catalogs, collect orders and payments, and distribute books to their students results in a sales and use tax collection obligation.....

Allcat “Claims” the Texas Margins Tax is Unconstitutional

On July 29, 2011, Allcat Claims Services, L.P. (Allcat) and one of its individual partners filed a petition with the Supreme Court of Texas seeking a declaratory judgment that the Texas Margins Tax (TMT) is unconstitutional under the Bullock Amendment of the Texas Constitution. In re Allcat Claims Serv., L.P. and John Weakly, No. 11-0589.

REMIC—the Remix—Arizona Style

The Arizona Department of Revenue (the Department) issued an Individual Income Tax Ruling describing the treatment of Real Estate Mortgage Investment Conduits (REMICs). Ariz. ITR 11-6 (Aug. 8, 2011).

The Big Apple Goes to the Market for Online Trading Revenue

The New York State Department of Taxation and Finance (the Department) recently released an advisory opinion analyzing the proper characterization and sourcing of various revenue streams derived from the facilitation of online trading activities.....

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