LexisNexis® Legal Newsroom
New York Judge Finds First Amendment Protects Writer Of Expletive-Filled Protest On Speeding Ticket Payment Form

In May 2012, Connecticut resident William Barboza received a speeding ticket while driving on New York State Route 17 through the Village of Liberty, New York. Barboza pleaded guilty by mail and received a payment form in the mail. In August 2012, Barboza filled out the form and, in frustration, crossed...

Duane Morris LLP: New York Public Service Commission Staff Supports Continuation of Net Metering

By statute, New York state utilities are required to offer net metering of electricity to generators of certain renewable energy resources, depending on the size of the project. Net metering means that, to the extent that there is surplus energy that is not used by the utility customer on behalf of whom...

"Please Hang Up and Try Again": Walkie-Talkie Services Are Not "Telephony" Subject to New York State's Telecommunications Excise Tax

By Evan Hamme and Charlie Kearns A New York State Division of Tax Appeals Administrative Law Judge (ALJ) determined that two-way radio communications services, or walkie-talkie services, are not telephone services subject to New York State’s telecommunications excise tax imposed under Tax Law...

In A New York Minute: How to Defend a Remote Access to Software Sales Tax Audit, Part II

In Part I of their series for State Tax Notes, Sutherland attorneys Leah Robinson and Evan M. Hamme provided a roadmap describing how to challenge a department of revenue's assertion that online services are taxable as licenses of software. While focused on New York audits, the roadmap can assist...

Keller and Heckman LLP: Debate Over NYC Sodium Menu Labeling Gets Salty

On Sept. 9, 2015, the New York City Board of Health unanimously passed regulations making New York the first U.S. city to require restaurants to disclose to diners those menu items that contain more than 2,300 milligrams of sodium, or the equivalent of about one teaspoon of salt. Under the newly-adopted...

USCIS NYC Office May Speed Process for Refugee Kids

Casey Tolan, Fusion, Oct. 29, 2015 - "U.S. immigration officials in New York are streamlining the application process for hundreds of unaccompanied Central American minors who are still waiting for approval to stay in the country. Now, kids applying for permanent residency in the state have to wait...

Texas and New York Whistle Different Tunes on Vanguard Whistleblower

By Samantha Trencs and Open Weaver Banks The Texas Comptroller of Public Accounts and the New York Courts have treated a former in-house attorney turned whistleblower very differently—Texas made a substantial payment to the individual, and New York kicked him to the proverbial curb. The Texas...

Barnes & Thornburg: Another State (N.Y.) Enforces HIPAA –Settles Case With Health Center

By Stacy L. Cook The New York attorney general recently entered into a settlement agreement with the University of Rochester Medical Center (URMC) for HIPAA violations. The enforcement action by New York comes on the heels of a HIPAA enforcement action by the Connecticut attorney general in early...

NYC to Provide U and T Visa Certifications

Office of the Mayor, NYC, Feb. 9, 2016 - "Today Mayor Bill de Blasio and Commissioner and Chair of the New York City Commission on Human Rights Carmelyn P. Malalis announced that CCHR is now accepting requests for U and T visa certifications, making it the first and only anti-discrimination agency...

Victory for Transformers and Taxpayers: ALJ Holds "Step-up Transformers" Qualify for NY Sales Tax Production Exemption

By Hanish Patel and Open Weaver Banks A New York Division of Tax Appeals Administrative Law Judge (ALJ) held that an electricity producer’s purchases, installations and repairs of “step-up transformers” were not subject to sales and use tax because the transformers were “used...

Roadkill: New York Court Finds Flat Vehicle Registration Fees Unconstitutional

By Mike Penza and Madison Barnett The New York Supreme Court, Albany County, held that New York’s unapportioned vehicle registration fees violated the Commerce Clause. The court found that the flat fees—imposed on all carriers operating motor vehicles in New York—were indistinguishable...

New York State Jury Awards $11.6M In Medical Malpractice Action Against Radiologist

On Jan. 25, 2012, Kevin Orr arrived at the Emergency Department at Glens Falls Hospital, with a documented history of dizziness, headache, and inability to stand. A CT scan was ordered and read by radiologist James E. Bell, M.D., of Adirondack Radiology Associates, P.C. The CT scan allegedly showed that...

In a New York Minute: Considerations for Filing 2015 New York Returns

Waiting until the federal return is prepared and then simply allowing that return to flow through to the New York returns could be a dangerous approach, leaving you scrambling, missing some election opportunities, and potentially being subjected to penalties. Over the next few months, State Tax Notes’...

New York State Division of Tax Appeals Addresses Unauthorized Insurance Company Taxation

A New York State Division of Tax Appeals administrative law judge issued three determinations addressing the tax implications for unauthorized insurance companies, both life and non-life. Significant uncertainty has surrounded New York State’s taxation of unauthorized insurance companies since...

Running on Empty: New York State ALJ Denies Deduction for Payments Made to Captive Insurance Company

By Charles Capouet and Andrew Appleby A New York State Division of Tax Appeals ALJ determined that payments by a corporation to its captive insurance company did not qualify as deductible insurance premiums because the arrangement lacked risk shifting and risk distribution. The taxpayer primarily owned...

New York Federal Court Dismisses Whole Foods Class Action

By Nicole Boutros and Andrew Appleby A federal court dismissed a class action lawsuit against Whole Foods, finding the consumers lacked standing because they could not demonstrate they purchased any of the mislabeled foods for which they claimed Whole Foods systemically overcharged. The consumers alleged...

Tax-Free Transfer: Online Document Delivery Services Not Subject to New York Sales Tax

By Chris Mehrmann and Madison Barnett The New York State Department of Taxation and Finance issued an advisory opinion explaining that the petitioner’s Internet-based document transfer subscription plans are not subject to sales and use tax. Because the primary purpose of the transactions is...

New York State Tax Appeals Tribunal Holds that Pricing Information Services Are Taxable

By Jessica Eisenmenger and Jeffrey Friedman The New York State Tax Appeals Tribunal sustained a determination by a Department of Taxation and Finance Administrative Law Judge that receipts obtained from the sale of retail pricing information services are subject to sales tax. Under New York law, information...

Biting at the Apple East Coast Style

On February 29, 2016, Magistrate Judge James Orenstein of the United States District Court for the Eastern District of New York denied the federal government’s application for an order requiring Apple, Inc. to bypass the passcode security of a criminal defendant’s iPhone 5s. The case is separate...

New York Court Holds That Telecommunications Company Is Not a NYC Utility

By Jessica Eisenmenger The Supreme Court of the State of New York, New York County held that a telecommunications company was liable for both New York City’s Utility Tax and the City’s Unincorporated Business Tax (“UBT”) because the taxpayer was only lightly regulated by, rather...

New York State Taxpayer Must Use Net Operating Loss When Paying on Alternative Tax Base

By Nicole Boutros and Eric Coffill The New York State Tax Appeals Tribunal determined that a taxpayer subject to the Article 32 bank franchise tax must use its net operating loss deduction to reduce its entire net income to zero in years in which the bank franchise tax was paid by the taxpayer on an...

NYC Tax Appeals Tribunal Holds Subsidiary Not Required to Be Included in Banking Corporation Tax Return

By Charles Capouet and Madison Barnett The New York City Tax Appeals Tribunal held that a bank filing a combined New York City bank tax return properly excluded from its combined group a Connecticut investment subsidiary that primarily held mortgage loans secured by non-New York property. Where there...

NYC Tax Appeals Tribunal Determines HMO Subject to General Corporation Tax

By Andrew Appleby The New York City Tax Appeals Tribunal reversed an administrative law judge (ALJ) and determined that a health maintenance organization (HMO) was subject to the New York City general corporation tax. In Aetna , the parties stipulated that all the requirements for combination had...

New York Calling: Phone Card Kiosk Sales Subject to Sales Tax, but Not Telecommunications Excise Tax

Douglas Upton and Timothy Gustafson The New York State Department of Taxation and Finance issued an Advisory Opinion concluding that a retail operator of kiosks selling various prepaid telecommunication plans and additional telecommunication rights for existing plans was subject to New York sales and...

New York Issues Two Advisory Opinions Regarding Surplus Lines Insurance

The New York State Department of Taxation and Finance issued two advisory opinions determining that surplus lines insurance companies are subject to uncapped insurance franchise tax instead of premium tax. The Department’s position treats authorized non-life insurance companies differently...