Tax Law

Recent Posts

Much Ado About Nothing! Colorado Supreme Court Holds that Holding Companies with No Property or Employees are Not Includable in a Combined Group
Posted on 11 Jun 2019 by Eversheds Sutherland LLP

The Colorado Supreme Court issued two decisions simultaneously holding that neither Oracle Corporation nor Agilent Technologies, Inc. were required to include in their combined income tax returns holding companies that did not meet the statutory definition... Read More

Videocast: SALT Scoreboard – 2018 Year in Review
Posted on 20 Mar 2019 by Eversheds Sutherland LLP

The quarterly Eversheds Sutherland SALT Scoreboard tallies significant state and local tax litigation wins and losses. In this Bottom Line videocast , Charles Capouet and Chelsea Marmor share 2018 year-end observations, including: the overall results... Read More

New Mexico Administrative Hearings Office Rejects Department’s Attempt to Eliminate Payroll Factor from Apportionment Factor Calculation
Posted on 26 Jan 2019 by Eversheds Sutherland LLP

The State of New Mexico Administrative Hearings Office held that the New Mexico Taxation and Revenue Department could not remove the payroll factor from the apportionment factor calculation of a taxpayer in the credit card and personal lending business... Read More

Videocast: Consolidated complexities – state corporate income tax implications of IRC § 163(j)
Posted on 18 Dec 2018 by Eversheds Sutherland LLP

The November 26, 2018, release by the Internal Revenue Service of proposed regulations (REG-106089-18) related to IRC § 163(j) has provided some clarity for federal income taxpayers. But the regulations’ treatment of federal consolidated groups gives... Read More

Indiana Enacts IRC Conformity Bill, Decouples from Certain Federal Tax Reform Provisions
Posted on 17 May 2018 by Eversheds Sutherland LLP

On May 14, 2018, Indiana Governor Eric Holcomb signed into law H.B 1316 (the Bill). The Bill provides a number of changes to Indiana’s tax laws, including responding to provisions of the federal Tax Cuts and Jobs Act. Some notable provisions of the Bill... Read More

New Jersey Court Holds That Taxpayer Not Entitled to Exception to State’s Interest Add-Back Requirement
Posted on 12 Jun 2018 by Eversheds Sutherland LLP

In Kraft Foods Global, Inc. v. Director, Division of Taxation, 2018 WL 2247356 (May 17, 2018), the New Jersey Superior Court, Appellate Division, recently upheld a New Jersey Tax Court decision denying a taxpayer an exception to the state’s interest add... Read More

Oregon Legislature Passes IRC Conformity Legislation, But Decouples from Certain Federal Tax Reform Provisions
Posted on 17 Apr 2018 by Eversheds Sutherland LLP

On April 10, 2018, and April 13, 2018, Oregon Governor Kate Brown signed into law S.B. 1529 and S.B. 1528 (the Bills), respectively, which provide a series of changes to Oregon’s income tax laws in response to recent federal tax changes as part of the... Read More

Apple Sidesteps Taxes – What’s Wrong With That?
Posted on 1 May 2012 by Christopher Bergin

A front-page article in Sunday's New York Times (" How Apple Sidesteps Billions in Taxes ") is getting quite the buzz. A couple of things about the article. While the Times piece recognizes that there is nothing illegal about the techniques... Read More

Pepper Hamilton LLP: IRS Proposes Taxpayer-Friendly Changes to Section 382
Posted on 19 Jan 2012 by Pepper Hamilton LLP

By Annette M. Ahlers and Todd B. Reinstein Section 382 of the Internal Revenue Code generally requires a corporation to limit the amount of its income in future years that can be offset by historic losses (NOLs) once that corporation has... Read More

Sutherland Legal Alert: The House Always Wins: Treasury and the IRS Offer a Loaded Deck of Regulations Addressing Global Reshufflings
Posted on 21 Jun 2012 by Sutherland Asbill & Brennan LLP

By Robb Chase, Reggie Clark, Jeff Mace, Michael Miles, Carol Tello, Karl Zeswitz, Saren Goldner, and Bill Pauls, Sutherland Asbill & Brennan LLP On June 7, 2012, Treasury and the Internal Revenue Service (the IRS) issued much-anticipated final... Read More

A Grown-Up Conversation About Corporate Tax
Posted on 27 Feb 2012 by Martin A. Sullivan

Nothing is more fun for liberals than to catch a big multinational abusing U.S. tax laws. Google, Cisco, General Electric, and Apple -- to name a few -- now have public relations problems because the press has put a spotlight on their use of offshore... Read More

Tax Reform Goals Differ for Corporate Coalitions
Posted on 19 Mar 2012 by Martin A. Sullivan

When it comes to taxes, corporate America is divided into two parts. First, there are companies that pay full freight. Their effective tax rates are close to the statutory 35 percent rate. They tend to be low-tech and labor-intensive, and -- most of all... Read More

Statutory Apportionment and Burdens of Proof: CarMax West
Posted on 2 May 2012 by Neil Aragones

In March, the Court of Appeals of South Carolina decided an interesting case involving a corporation's use of South Carolina's statutory standard apportionment formula in calculating the corporation's taxable state income. [See CarMax Auto... Read More

Sutherland Legal Alert: The Multistate Tax Commission Takes Action on Proposal to Tax Pass-Through Entities Owned by Affiliates Not Subject to Corporate Income Tax
Posted on 17 Mar 2011 by Eversheds Sutherland LLP

By Jeffrey M. Serether , Maria P. Eberle , and Michael L. Colavito, Jr. On March 10, 2011, the Executive Committee of the Multistate Tax Commission (MTC) voted to submit to public hearings the model statute that would subject to corporate income tax... Read More

Pepper Hamilton LLP: IRS Proposes Taxpayer-Friendly Changes to Section 382
Posted on 19 Jan 2012 by Pepper Hamilton LLP

By Annette M. Ahlers and Todd B. Reinstein Section 382 of the Internal Revenue Code generally requires a corporation to limit the amount of its income in future years that can be offset by historic losses (NOLs) once that corporation... Read More