Tax Law

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Louisiana Residents Entitled to Claim Credit for Texas Franchise Tax Paid by Pass-Through Entities
Posted on 31 Jan 2019 by Eversheds Sutherland LLP

The Louisiana Supreme Court ruled that residents who owned an S corporation and limited liability company were entitled to a credit against their Louisiana income tax liability for Texas franchise tax paid by the pass-through entities. In so holding,... Read More

Tangled Up in Internal Consistency: Minnesota Legend Drug Tax Held Constitutional
Posted on 5 Nov 2018 by Eversheds Sutherland LLP

The Minnesota Supreme Court held that the state’s gross receipts tax on prescription drugs did not violate the Due Process or Commerce Clauses when applied to transactions between out-of-state pharmacies and in-state customers, reversing the Minnesota... Read More

Oregon Imposes 911 Tax on Out-of-State Retailer with No Physical Presence
Posted on 22 May 2018 by Eversheds Sutherland LLP

The Oregon Tax Court held that the state was not constitutionally prohibited from imposing its statewide 911 tax on an out-of-state VOIP service provider with no physical presence in the state. The court held that the 911 tax was not a sales or use tax... Read More

Constitutional Limitations on State Taxation of Securities Transactions
Posted on 5 Apr 2013 by LexisNexis Tax Law Community Staff

by Andrew W. Singer, Esq.* I. Introduction Income from securities transactions may be subject to both federal and state income taxes, at least in the substantial majority of States that impose income taxes. The US Constitution imposes limits on... Read More

Tax Court Collection Due Process Standard of Review Upended by the First Circuit
Posted on 26 Jun 2012 by Asbury Law Firm

In a decision that could dramatically change collection due process, the First Circuit Court of Appeals held that the standard of review applied to collection due process cases by the Tax Court for more than a decade is incorrect. In Dalton v. Commissioner... Read More

Tax Court Collection Due Process Standard of Review Upended by the First Circuit
Posted on 26 Jun 2012 by Asbury Law Firm

In a decision that could dramatically change collection due process, the First Circuit Court of Appeals held that the standard of review applied to collection due process cases by the Tax Court for more than a decade is incorrect. In Dalton v. Commissioner... Read More

Litigation Challenging New York's Controversial Nexus Statute Continues
Posted on 12 Nov 2010 by Sutherland Asbill & Brennan LLP

By Jeffrey A. Friedman , Michele Borens , and Mark W. Yopp On November 4, an appellate court held that the New York affiliate nexus law does not violate the Equal Protection Clause and is facially constitutional under the Due Process and Commerce Clauses... Read More