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Court cases, judgements and ongoing coverage of tax topics with a legal perspective
By David E. Kahen and Elliot Pisem | December 20, 2023
Under some circumstances, sellers of stock of a corporation may be liable as transferees for corporate obligations arising before or in connection with the closing. In 'Dillon Trust Co. v. United States', the Court of Federal Claims concluded that the sellers of the stock of two corporations were liable for tax obligations of the corporations attributable to sales of assets for notes prior to the closing of the stock sale.
9 minute read
By Emily Cousins | December 15, 2023
"The fact that Alico is subject to multiple taxation as a result of its decision to register its vehicles in Massachusetts and to garage them in Somers does not render § 12-71 (f) discriminatory," the opinion said.
2 minute read
By Erica F. Buckley | December 8, 2023
It would make sense for a nonprofit in New York City to understand the benefits of leasehold condominiums and the value of the 420-a Exemption. This is especially true if your nonprofit operates a homeless shelter, which, per the DOF, is a nonresidential purpose entitling your organization to robust tax relief.
6 minute read
By Colleen Murphy | December 7, 2023
"In light of the implication of the clear constitutional ruling in 'Tyler,' that the forfeiture of a property owner's equity above the tax amount owed constitutes a prohibited taking, we now review New Jersey's TSL statutory framework," Judge Lisa Perez Friscia wrote for the court. "We are guided by the United States Supreme Court's charge that 'the taxpayer must render unto Caesar what is Caesar's, but no more.'"
5 minute read
By Jimmy Hoover | December 5, 2023
"[W]hen the court opens a door, Congress tends to walk through it," Justice Neil Gorsuch said.
6 minute read
By Joseph Lipari and Aaron S. Gaynor | December 1, 2023
As this column has frequently highlighted, the New York Division of Taxation is not afraid to pursue aggressive positions in order to assess and collect revenue for the state. However, many taxpayers may be unaware of one of the more potent tools at the disposal of the division: the ability to suspend a taxpayer's driver's license for non-payment of substantial back taxes.
8 minute read
By Cheryl Miller | November 29, 2023
Gov. Gavin Newsom and legislative Democrats have asked the court to keep the Taxpayer Protection and Government Accountability Act off next November's ballot.
3 minute read
By ALM Staff | November 29, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By ALM Staff | November 28, 2023
"Utilize your strengths, hone your expertise and be assertive when you have answers and insights that can be of value to your team and your clients. When there are gaps or weaknesses in your practice do not be afraid to leverage your colleagues' strengths and collaborate!"
11 minute read
By Richard J. Sapinski and Robert A. Stern | November 22, 2023
Everyone has probably heard or seen multiple radio or TV ads in the last six months touting the "free money" the federal government is allegedly giving out to businesses under the Employee Retention Credit (ERC) program that Congress enacted in response to the COVID-19 pandemic.
7 minute read
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