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Publication Date: 2022-09-05
Practice Area: Tax
Industry: Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0991
The trial court did not err in finding that applicant's preservation of a historic resource constituted an advancement of a charitable purpose and that applicant had otherwise satisfied the requirements for a purely public charity in Hospital Utilization Project v. Commonwealth and the Institutions of Purely Public Charity Act. The appellate court affirmed in part and reversed in part.
Publication Date: 2022-08-15
Practice Area: Tax
Industry: Financial Services and Banking | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0909
The district court did not err in concluding that appellant's filing of an inaccurate Report of Foreign Bank and Financial Accounts was reckless and, therefore, willful under the appellate court's standard so as to warrant civil penalties under the Bank Secrecy Act. The appellate court affirmed.
Publication Date: 2022-08-01
Practice Area: Tax
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0783
The Monroe County Tax Claim Bureau's notice of return and claim, which satisfied all the requirements of §308(a) of the Real Estate Tax Law, was properly served on petitioner as there was no requirement that the notice of return and claim be sent by a mail service type that required a signature. The court denied a petition to set aside the upset tax sale.
Publication Date: 2022-07-25
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0827
Trial court properly denied petition to set aside tax sale after finding drive-by appraisal not credible and crediting testimony of the winning tax sale bidder who had personal knowledge of the property's exterior and interior condition. Order of the trial court affirmed.
Publication Date: 2022-07-11
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0768
Foreign LLC that was only engaged in the passive ownership of real estate was not "doing business" in Pennsylvania and therefore was not barred from having capacity to file a petition to set aside a tax sale of its property. Order of the trial court affirmed.
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Publication Date: 2022-07-04
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0744
Petition to set aside sheriff's sale was untimely where COVID-19 emergency orders did not suspend or stay sheriff's sales and where the trial court had expressly relieved taxing authority of the requirement to provide new notice for the rescheduled sheriff's sale. Order of the trial court affirmed.
Publication Date: 2022-06-20
Practice Area: Tax
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0689
District court properly imposed civil penalties for appellant's failure to report ownership of multiple foreign bank accounts and did not err inholding that appellant's failure to report the accounts was a willful violation of the bank secrecy act. Affirmed.
Publication Date: 2022-03-28
Practice Area: Tax
Industry: Education
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0337
Trial court erred in dismissing appellant's complaint seeking a refund for real estate taxes paid after county improperly reclassified its school properties as taxable because trial court should have transferred appellant's complaint to the appeals board for a decision on whether county's assessment notices were valid, whether the properties were taxable and whether appellant was entitled to a refund. Reversed.
Publication Date: 2022-01-24
Practice Area: Tax
Industry: Automotive | State and Local Government
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0083
Nextel, which held flat caps on net loss carryover deductions violated the Uniformity Clause, applied retroactively to prior statutes enacting NLC caps as Nextel was based on well-established constitutional law striking down tax statutes treating similarly-situated taxpayers disparately. Order of the commonwealth court affirmed in part, reversed and remanded in part.
Publication Date: 2022-01-24
Practice Area: Tax
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0084
The trial court did not err in finding that a whistleblower payment made to plaintiff, who alleged that his employer violated the federal False Claims Act, was taxable as earned income at the local level since the qui tam award was taxable as compensation under §303 of the Pennsylvania Tax Reform Code. The high court reversed the commonwealth court's ruling.
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