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HTMLFlorida Supreme Court Declines Intervention in Utility Dispute
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 6, 2014, previously published on October 1, 2014
The Florida Supreme Court has decided not to take up the ongoing dispute between Lee County Electric Cooperative and the city of Cape Coral regarding the costs of moving utility lines and power poles due to a road project.

 

HTMLOn Standby: Internet Service Providers May Rely on Prior Guidance Until Congress or the Massachusetts Legislature Addresses the Taxation of Internet Access
Andrew D. Appleby, Stephanie T. Do; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
The Massachusetts Department of Revenue addressed the possible expiration and subsequent retroactive enactment of the federal Internet Tax Freedom Act (ITFA). The Department advised Internet Service Providers (ISPs) to continue to rely on Technical Information Release (TIR) No. 05-8 (July 14,...

 

HTMLS.D.N.Y. Judge Permits Novel Theory And Allows SEC To Use Unpaid Taxes As Measure Of Disgorgement In Securities Fraud Case
Bruce M. Bettigole, Maia Cogen, Thomas A. Cullinan, Shanyn L. Gillespie, H. Karl Zeswitz; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
In a case against Dallas billionaires Sam Wyly and the estate of his late brother, Charles, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York agreed with the U.S. Securities and Exchange Commission (SEC) that the defendants were liable for unpaid taxes as...

 

HTMLTenth Circuit Affirms Indemnification Award Involving Incident At Wyoming Well
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
In 2001, an owner and operator of oil and gas wells entered into a master services agreement with a contractor for work on a Wyoming well. The agreement contained an indemnity provision whereby the contractor agreed to indemnify the owner “from and against all claims, damages, losses...

 

HTMLThe Tax Court Approves the Use of Predictive Coding
Thomas A. Cullinan, Joseph M. DePew, Gregory S. Kaufman, Sheldon M. "Shelly" Kay, Mary E. Monahan; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
On September 17, the U.S. Tax Court, in Dynamo Holdings LP v. Commissioner, 143 T.C. No. 9 (Sept. 17, 2014), held that a taxpayer could use predictive coding, over the objection of the Internal Revenue Service (IRS), to identify relevant electronically stored information (ESI) for production. This...

 

HTMLCha-Ching! Minnesota Supreme Court Holds Semi-Custom Software Subject to Sales Tax
Andrew D. Appleby, Derek Takehara; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
The Minnesota Supreme Court upheld the Minnesota Department of Revenue’s imposition of sales tax on a software company’s sale of partially customized software because the taxpayer failed to separately state customization charges on customer invoices. The taxpayer licensed software that...

 

HTMLFERC Approves Dominion Cove Point LNG Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
Yesterday, FERC issued an order approving the construction and operation of Dominion Cove Point LNG’s proposed export terminal project in Lusby, Md. and related facilities. This is the fourth LNG export terminal project FERC has approved in the lower-48 states. A Fact Sheet can be found at...

 

HTMLMichigan Coop Asks FERC to Change Cost Order
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
Michigan’s Cloverland Electric Cooperative (Cloverland) has asked the Federal Energy Regulatory Commission (FERC) to reverse an order requiring Cloverland to pay potentially millions in costs for a plant from which Cloverland argues it derives no direct benefit. When investor-owned utility We...

 

HTMLArticle Discusses Environmental Issues Related to Petronas’ Proposed B.C. LNG Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
An article in The Globe and Mail discusses environmental issues related to Petronas’ proposed Pacific NorthWest LNG export terminal on Lelu Island, British Columbia (B.C.), including the potential impact of the terminal on the region’s salmon and steelhead trout habitat.

 

HTMLDevelopmental Costs: Texas Comptroller Rules Essential Preparatory Costs Cannot Be Accounted for in Apportionment Factor
Ted W. Friedman, Prentiss Willson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
The Texas Comptroller determined that for Texas franchise tax purposes the apportionment factor of an out-of-state taxpayer engaged in the provision of technical training could not be adjusted to account for certain costs incurred in preparing and marketing the training sessions. The training...

 


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