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New York to Spend $10M on Immigration Legal Services

New York Daily News, Apr. 5, 2017 - "Looking to fight back against President Trump’s immigration policies, the state is set to dedicate $10 million in its emerging new budget for immigrant legal services, the Daily News has learned. The commitment, to be announced by Gov. Cuomo and the eight...

US Supreme Court's Ruling Bolsters Taxpayers' First Amendment Right To Pass Through Fees (and Taxes)

A recent US Supreme Court decision on surcharges strengthened taxpayers’ First Amendment rights when deciding how they present pass-through fees and taxes to their customers. The Supreme Court held that a New York statute prohibiting a seller from imposing a credit surcharge was a speech regulation...

The First Amendment Right to Pass-Through Fees -- and Taxes

The U.S. Supreme Court recently ruled in Expressions Hair Design v. Schneiderman that a New York statute that prohibits identifying a surcharge to customers for credit card payments regulates speech and is therefore subject to heightened scrutiny. The court remanded the case to the U.S. Court of Appeals...

Former Immigration Judge: Every Immigrant Deserves a Lawyer

Sarah Burr, May 28, 2017 - "As a former immigration judge in New York, I have come to understand a difficult truth first-hand: Far and away, the greatest obstacle to administering justice in immigration proceedings is the fact that, unlike in criminal proceedings, people have no right to an attorney...

De Blasio Under Fire For Plan To Keep Some Immigrants Out Of Legal Aid Program

Roque Planas, Elise Foley, Huffington Post, June 2, 2017 - "For the last three years, New York City has footed the bill for lawyers to defend certain immigrants facing deportation under a unique program that other cities have begun to emulate. But as the June 30 deadline to finalize the city’s...

Why New York's Immigration Court Is Even Busier, With Fewer Judges, Under Trump

Beth Fertig, WNYC, June 5, 2017 - "There are 29 immigration judges assigned to court rooms in the Federal Building in Lower Manhattan. But as the number of pending cases grew from about 70,000 in January to nearly 80,000 this spring, more and more people have been coming to court only to discover...

Missing: New York Immigration Judges

Beth Fertig, WNYC, June 6, 2017 - "In the middle of May, paper notices were posted on the walls of the federal building in lower Manhattan announcing the absence of several immigration judges. Some were out for a week or two, while others were away for six weeks. The flyers said their cases would...

New York Sales Tax Price of Being a Member of the Club

By Alla Raykin and Jonathan Feldman In an Advisory Opinion, the New York Department of Taxation and Finance concluded that fees paid to a social club by non-members for certain activities (tennis lessons, children’s camp, basketball court use, etc.) are not subject to tax, although membership...

New York State Tax Appeals Tribunal: Payments to Captive Insurance Company Did Not Qualify as Deductible Insurance Premiums

By Andrew Appleby and Dmitrii Gabrielov The New York State Tax Appeals Tribunal released its precedential decision in Stewart’s Shops , affirming an Administrative Law Judge’s determination that payments by a corporation to its captive insurance company did not qualify as deductible insurance...

NY Gov. Cuomo Signs Executive Order Prohibiting State Agencies from Inquiring About Immigration Status

Gov. Cuomo, Sept. 15, 2017 - "Governor Andrew M. Cuomo today issued Executive Order 170 that prohibits state agencies and officers from inquiring about or disclosing an individual's immigration status unless required by law or necessary to determine eligibility for a benefit or service. Law...

New York State Tax Appeals Tribunal: Assessment of Non-Admitted Alien Insurance Companies Violated Tax Treaty and Foreign Commerce Clause

By Huy "Mike" Le and Andrew Appleby The New York State Tax Appeals Tribunal (Tribunal) held that the Department’s assessment of two non-admitted German insurance companies violated the United States-Germany Tax Treaty’s anti-discrimination clause and the US Constitution’s...

The N.Y. Constitutional Convention Immigrants Need - Cyrus Mehta

Cyrus Mehta, Nov. 1, 2017 - "As the federal government threatens undocumented immigrants, New Yorkers have an opportunity to provide vital protections to those immigrants living in the state. On Election Day, voters can choose to convene a constitutional convention where the rights of those immigrants...

New York State Appellate Division Affirms that HMOs Were Subject to New York City General Corporation Tax

By Dmitrii Gabrielov and Andrew Appleby The New York State Supreme Court, Appellate Division, affirmed the New York City Tax Appeals Tribunal’s (Tribunal) decision that Aetna’s subsidiary health maintenance organizations (HMOs) were subject to the New York City General Corporation Tax ...

The Diversity Visa Winner Who Saved New York From a Terror Attack

Christopher Dickey, Daily Beast, Nov. 2, 2017 - "An Egyptian Muslim just-arrived in the United States on a Diversity Visa — precisely the type that Donald Trump is trying to blame for the bike-path murders on Halloween in Lower Manhattan — in fact stopped a terrorist atrocity that would...

Watch Your Step: New York City Real Property Transfer Tax Imposed Under Step Transaction Doctrine

By Dmitrii Gabrielov and Tim Gustafson The New York State Supreme Court, Appellate Division, affirmed the New York City Tax Appeals Tribunal’s (Tribunal) determination that certain real estate transactions were subject to the New York City Real Property Transfer Tax (RPTT) under the step transaction...

New York State Advisory Opinion: Non-US Unauthorized Life Insurance Companies' Premiums Excluded from Apportionment Factor

By Dmitrii Gabrielov and Andrew Appleby The New York State Department of Taxation and Finance issued an advisory opinion determining that non-US unauthorized life insurance companies’ premiums were not includable in the New York State insurance franchise tax apportionment factor. The Department...

Report: Courts Should Stand Up to ICE

Josefa Velasquez and Colby Hamilton, New York Law Journal, December 05, 2017 - "As the number of arrests at courthouses by U.S. Immigration and Customs Enforcement officers continue to rise under the Trump Administration, a report released Tuesday by the Fund for Modern Courts suggests New York’s...

No Sanctuary: ICE Targets Churches, Activists

Nick Pinto, The Intercept, Jan. 19, 2018 - "Ragbir’s detention was the second such arrest of a New Sanctuary Coalition leader by ICE in the space of a week. It was only the most recent and public in a series of developments that advocates believe is part of a concerted effort to intimidate...

NYC Immigration Court Erodes Protections for Kids Without Lawyers

David Brand, CityLimits, Feb. 13, 2018 - "Over the past few months, finding legal representation has become even more challenging for immigrant children in New York City because Manhattan’s federal immigration court has eroded several of the practices and provisions designed to help children...

NY Gov. Cuomo to ICE: Stop!

Letter dated Apr. 25, 2018 from Gov. Cuomo to Acting ICE Dir. Homan - "Recent enforcement actions by Immigration and Customs Enforcement ("ICE") agents operating in New York State raise significant legal and public safety concerns. The tactics deployed by agents under your leadership have...

New York City: Penalty Relief Available for Certain Section 965 Underpayments

The New York City Department of Finance recently announced the availability of penalty abatements for certain taxpayers that have underpaid business taxes due to the inclusion of Section 965 income. NYC Finance Memorandum No. 18-4 (PDF) describes tax considerations and late payment penalty relief for...