The Colorado Court of Appeals, affirming a decision of the Denver District Court, has held that the Colorado Department of Revenue cannot forcibly combine a corporation’s subsidiary, a holding company that derived its income...more
Tribunal Reverses ALJ and Holds that Department Impermissibly Discriminated Against Foreign Unauthorized Insurance Corporations -
In an issue of first impression in New York, the New York State Tax Appeals Tribunal has...more
Our August 2017 issue of New York Tax Insights covers these recent developments:
Sale of Security Services to Property Manager for NYC Housing Authority Held Exempt from Sales Tax -
The sale of security services by a...more
Judge Dismisses $2.4 Billion False Claims Act Suit Brought Against Citigroup -
A New York State Supreme Court Judge has dismissed a qui tam False Claims Act (“FCA”) suit brought by Eric Rasmusen, an economics professor at...more
Final 2017-18 New York State Budget Bill Enacted -
The New York State Budget Bill was enacted by the New York State Legislature and signed into law by Governor Andrew M. Cuomo. S. 2009-C, A. 3009-C. Among the Governor’s...more
5/8/2017
/ Administrative Law Judge (ALJ) ,
Cell Phones ,
Co-Op ,
Income Taxes ,
Investment Tax Credits ,
Mobile Services ,
Realty Transfer Taxes ,
REIT ,
Resales Agreements ,
Restitution ,
RICs ,
S-Corporation ,
Sales Tax ,
State Budgets ,
Tax Credits ,
Tax Fraud ,
Telecommunications
ALJ Finds CEO Changed Domicile from New York City to Texas -
A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more
4/4/2017
/ Administrative Law Judge (ALJ) ,
Banking Sector ,
CEOs ,
Domicile ,
ESOP ,
Governor Cuomo ,
Income Taxes ,
Nexus ,
Personally Identifiable Information ,
Real Estate Market ,
State Taxes ,
Tribunals
ALJ Finds CEO Changed Domicile from New York City to Texas -
A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more
Governor Cuomo Releases 2017-18 New York State Executive Budget -
New York State Governor Andrew M. Cuomo released his 2017-2018 Executive Budget, containing an assortment of potentially important tax proposals,...more
2/3/2017
/ Administrative Law Judge (ALJ) ,
Corporate Restructuring ,
Governor Cuomo ,
Income Taxes ,
Internet ,
Realty Transfer Taxes ,
S-Corporation ,
Sales Tax ,
Tax Credits ,
Tax Loopholes ,
Utility Tax
On January 17, 2017, New York State Governor Andrew M. Cuomo released his 2017-2018 Executive Budget. It contains several potentially important tax proposals, including the following...more
ALJ Permits Only Minimum Penalties for Failure to File Information Returns -
A New York State Administrative Law Judge has rejected the maximum penalties imposed by the Department of Taxation and Finance on an...more
11/4/2016
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Fiber Optic Cables ,
Hotels ,
Income Taxes ,
Penalties ,
Property Tax ,
Sales & Use Tax ,
Spouses ,
State Taxes ,
Wine & Alcohol
Appellate Division Holds That NYS Tax Department Properly Withheld Documents Requested Under FOIL -
In a unanimous decision, the Appellate Division affirmed a decision of the Supreme Court, Albany County, which had...more
ALJ holds NYS Real Estate Transfer Tax Cannot Be Imposed on Sale of 45% Membership Interest in LLC -
In an issue of first impression under the New York State real estate transfer tax, a New York State Administrative Law...more
7/7/2016
/ Administrative Law Judge (ALJ) ,
Admissions ,
Corporate Taxes ,
Data Mining ,
HMOs ,
Income Apportionment ,
Insurance Industry ,
Limited Liability Company (LLC) ,
Real Estate Transfers ,
State Tax Tribunals ,
Tax Appeals ,
Tax Commissions ,
Tax Court ,
Transfer Taxes ,
Tribunals
The New York City Tax Appeals Tribunal, affirming a determination of an Administrative Law Judge, has held that Astoria Bank, which engaged in a banking business in New York City, was not required to include in its combined...more
Retroactive Application Of 2010 Statutory Amendment Permitted By Tribunal -
Reversing the decision of an Administrative Law Judge, the New York State Tax Appeals Tribunal has upheld the constitutionality of retroactively...more
5/5/2016
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Corporate Taxes ,
Estate Tax ,
Net Operating Losses ,
Retroactive Application ,
Sales Tax ,
State Budgets ,
State Tax Tribunals ,
Tax Appeals ,
Tax Court ,
Tax Reform
State Tax Department Releases New Draft Article 9-A Combined Reporting Regulations -
The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise tax...more
2/8/2016
/ Article 9 ,
Combined Reporting ,
Corporate Taxes ,
Lease Tax ,
Net Investment Income ,
Safe Harbors ,
Sales Tax ,
State Budgets ,
State Taxes ,
Tax Deductions ,
Tax Reform ,
Tax Refunds
A Denver District Court judge has held that the Colorado Department of Revenue cannot forcibly combine a corporation’s subsidiary, a holding company that derived its income solely from investments in foreign entities, in...more
Resident Is Not Subject to Use Tax on Yacht Briefly Docked in the State -
In Matter of Michael Pellino, DTA No. 825869 (N.Y.S. Div. of Tax App., Oct. 1, 2015), a New York State Administrative Law Judge concluded that...more
State Tax Department Releases Draft Article 9-A Nexus Regulations Under Corporate Tax Reform -
The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise...more
10/5/2015
/ Audits ,
Burden of Proof ,
Collateral Estoppel ,
Comment Period ,
Corporate Taxes ,
Dividends ,
Economic Presence Nexus ,
Hotels ,
Income Taxes ,
Limited Liability Company (LLC) ,
Nexus ,
Partnerships ,
Penalties ,
Proposed Amendments ,
Resale Exemption ,
Responsible Corporate Officer Doctrine ,
Responsible Person Liability ,
Sales & Use Tax ,
Sales Tax ,
State Tax Tribunals ,
Stipulations ,
Tax Appeals ,
Tax Credits ,
Tax Fraud ,
Tax Reform ,
Tax Returns
Tribunal Upholds Personal Liability of LLC Members for Sales Tax -
The New York State Tax Appeals Tribunal has affirmed the determination of an Administrative Law Judge that a member of a limited liability company...more
9/3/2015
/ Continuing Legal Education ,
Excise Tax ,
Foreign Corporations ,
Income Taxes ,
Internet ,
Limited Liability Company (LLC) ,
Mobile Devices ,
Nexus ,
Personal Liability ,
Sales & Use Tax ,
Sales Tax ,
Tax Litigation ,
Telecommunications
Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities -
Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more
8/14/2015
/ Attorney's Fees ,
Capital Markets ,
Charitable Organizations ,
Corporate Taxes ,
Electricity ,
FOIA ,
Investment Funds ,
Mobile Devices ,
New Guidance ,
Nuclear Power ,
Parking Lots ,
Property Tax ,
Remand ,
Renewable Energy ,
Revocation ,
Sales & Use Tax ,
Tax Appeals ,
Tax Court ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal
In This Issue:
- Important Changes at NYS and NYC Tax Agencies
- Court of Appeals Upholds Constitutionality of Taxing Nonresidents on Gain from S Corporation Stock Sale in Two Separate Decisions
- NYC Tribunal...more
7/15/2015
/ Business Taxes ,
Corporate Taxes ,
Foreign Banks ,
Income Taxes ,
Intangible Property ,
Investment Adviser ,
Limited Liability Company (LLC) ,
Management Fees ,
Real Estate Transfers ,
S-Corporation ,
Sales & Use Tax ,
Shareholders ,
Stocks ,
Tax Appeals ,
Tax Liability
In This Issue:
- State Tribunal Affirms Decision Imposing Sales Tax on Information Services
- Appellate Division Upholds Applicability of Sales Tax to Environmental Testing and Monitoring Services
- Bulk...more
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
In This Issue:
- Governor Cuomo Releases 2015-16 Executive Budget, Including New York City Corporate Tax Reform
- New Commissioner of Taxation and Finance
- ALJ Holds That Husband Changed His Domicile to...more
In This Issue:
- The Top 10 New York Tax Highlights of 2014
- Tribunal Affirms That a Charter Yacht Is Not Exempt from Use Tax as a Commercial Vessel
- Court of Appeals Holds City Transfer Tax Does Not...more