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HTMLFinCEN Customer Due Diligence Final Rules
Eric A. Arnold, Clifford E. Kirsch, Michael B. Koffler, Susan S. Krawczyk, Holly H. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2016, previously published on May 19, 2016
On May 5, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued final rules (the Final Rules) on customer due diligence requirements for banks, securities broker-dealers, mutual funds, and futures commission merchants and introducing brokers in commodities...

 

HTMLNot on the Same Wavelength: Receipts from Radio Advertising Must Be Sourced to Texas When Broadcast from the State
Michael J. Kerman, Amy F. Nogid; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 11, 2016, previously published on May 9, 2016
The Texas Comptroller of Public Accounts concluded that a Texas-based national radio network must apportion its advertising receipts based on the ratio of radio stations that license and broadcast its programming from Texas compared to the total number of radio stations that license and broadcast...

 

HTMLTexas Comptroller Issues "Strong" Decision, Companies' Single Shared Administrator Not Sufficient to Require Unitary Combined Filing
Evan M. Hamme, Marc A. Simonetti; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 28, 2016, previously published on April 28, 2016
The Texas Comptroller upheld a taxpayer’s separate Franchise Tax return filing position, rejecting an Administrative Law Judge’s finding that the taxpayer and its affiliate shared a strong centralized management structure that required a unitary combined report.

 

HTMLEffect of Energy Policy Bills on Natural Gas Exports
Jacob Dweck, Paul F. Forshay, Daniel P. LeFort, Michael A. Stosser, Kyle E. Wamstad; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 25, 2016, previously published on April 22, 2016
Legislative Update. On April 20, the U.S. Senate passed broad legislation that covers many different aspects of the energy and environmental sectors, including changes to streamline the approval process for the export of natural gas from the United States. The bill is the most comprehensive...

 

HTMLSweeping Changes Proposed to Tax Treatment of Related-Party Debt May Impact Private Funds
Robert S. Chase, David A. Roby, Amish M. Shah, Madeleine M.L. Tan, H. Karl Zeswitz; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 15, 2016, previously published on April 14, 2016
Recently proposed Treasury regulations under IRC § 385 (the Proposed Regulations) would potentially treat related-party debt, in whole or in part, as equity for U.S. tax purposes. The Proposed Regulations generally apply to debt among members of an expanded corporate group, which includes...

 

HTMLThe Home Stretch: Virginia Tax Commissioner Rules that Single Employee Working From Home Creates Nexus
Open Weaver Banks, Michael G. Kerman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 7, 2016, previously published on April 5, 2016
The Virginia Tax Commissioner ruled that an out-of-state corporation had nexus with Virginia because an employee performed accounting, human resources, payroll and customer support functions from a home office in Virginia. The Commissioner explained that out-of-state corporations are subject to...

 

HTMLInteragency Guidance: CIP Requirements Apply to Certain Prepaid Cards
Brian Barrett, Brian M. Murphy, Robert J. Pile, John Allen Zumpetta; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 30, 2016, previously published on March 29, 2016
On March 21, the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency (OCC), and the U.S. Department of Treasury’s Financial Crimes Enforcement Network (collectively, the...

 

HTMLNew York Federal Court Dismisses Whole Foods Class Action
Andrew D. Appleby, Nicole D. Boutros; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 24, 2016, previously published on March 23, 2016
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 that Whole Foods engaged in...

 

HTMLRunning on Empty: New York State ALJ Denies Deduction for Payments Made to Captive Insurance Company
Andrew D. Appleby, Charles C. Capouet; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 22, 2016, previously published on March 21, 2016
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 and operated convenience stores...

 

HTMLPlaintiff Sent Packing: Fourth Circuit Affirms Dismissal for Lack of Personal Jurisdiction
Chris M. Mehrmann, Amy F. Nogid; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 22, 2016, previously published on March 21, 2016
The U.S. Court of Appeals for the Fourth Circuit affirmed the Maryland district court’s determination that it lacked specific personal jurisdiction over a Brazilian poultry exporter, BRF S.A. (BRF), under the Due Process Clause of the U.S. Constitution. Perdue Foods LLC (Perdue), which sold...

 


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