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HTMLSouth Carolina: Court Approves of Taxpayer’s Use of the Standard Statutory Apportionment Formula
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 4, 2016
In the case Rent-A-Center West, Inc. v. S.C. Dept of Revenue, the South Carolina Court of Appeals concluded that the Administrative Law Court (ALC) erred when it found that the standard statutory apportionment formula used by the plaintiff, Rent-A-Center West Inc. (RAC West), did not fairly...

 

HTMLOhio: Department of Taxation Issues Guidance after Case Resolution and Legislation Changes
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on October 24, 2016
In early May, the Ohio Supreme Court decided the case Corrigan v. Testa, in which it held that the state may not tax a non-resident’s capital gain income from the sale of an in-state business, because the tax-generating activity was the non-resident’s transfer of intangible property...

 

HTMLOhio: Court Rejects Amended Return on a Consolidated Basis
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 15, 2016
In the case New York Frozen Foods, Inc. v. Bedford Hts. Income Tax Bd. of Rev., the Ohio Supreme Court affirmed the Board of Tax Appeals (“BTA”), which denied the company’s attempt to obtain a tax refund in the amount of $698,294. The court’s rationale differs from that of...

 

Adobe PDFHow Appalachian Shale Delivered the Presidency to Trump
William Beckley, Christopher William Capcara; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 9, 2016
Political pundits across the country have begun the autopsy of the historic 2016 presidential election. While creative minds will undoubtedly conjure complex explanations for last night’s result, the answer may be quite simple: a dramatic shift in voting within the Appalachian Basin played an...

 

HTMLFlorida: Florist Seeks US Supreme Court Review on Taxation of Out-of-State Sales
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 12, 2016
The issue of nexus - whether a company has sufficient contacts with a state to justify taxing sales activity in that state - is one with which taxpayers, tax administrators, and the courts are constantly grappling. The seminal case is the 1992 U.S. Supreme Court case Quill Corp. v. North Dakota,...

 

HTMLBallot Initiatives Up for Vote in 35 States
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 3, 2016
Next week, voters in 35 states will determine the fate of 154 ballot initiatives, according to Ballotpedia. Of these, nine involve the legalization of recreational or medicinal marijuana; five address minimum wage hikes; five pertain to health care related matters; and four seek to tighten access...

 

HTMLGeorgia and Louisiana: Next Behind California in Film Production
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 1, 2016
Earlier this fall, we described a controversy over the value of states’ tax incentives for film and television production. This particular dispute featured the Motion Picture Association of America fighting back against a pair of studies authored by two University of Southern California...

 

HTMLVoters Resolve Numerous Tax-Related Ballot Initiatives
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 10, 2016
This election year was memorable for the obvious reasons, but also because there were so many ballot initiatives for voters to decide. We have explained many of these in the past several months, and now can finally offer resolution.

 

HTMLNorth Carolina: Advocacy Group Promotes Return of the Earned Income Tax Credit
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 10, 2016
Last week, the Budget and Tax Center (Center), an arm of the North Carolina Justice Center, issued a November 2016 policy brief advocating for the return of the state’s Earned Income Tax Credit (EITC).

 

HTMLWater Resources Bill Passes
Christopher Barron; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on September 30, 2016
Earlier this week, the House passed the Water Resources Development Act (WRDA). The bill addresses the needs of America’s harbors, locks, dams, flood protection, and other water resources infrastructure. It also includes funding to deal with the water crisis in Flint, Michigan.

 


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