News & Analysis as of

Tax Appeals

Rivkin Radler LLP

Responding Timely to A “90-Day Letter” – Is It Jurisdictional?

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In the fictional world of John Wicks, the High Table enforces a strict code of conduct without which the lives of its inhabitants would mimic life in a Hobbesian state of nature. However, as dangerous and as rule-bound as...more

Holland & Knight LLP

Mexico's Supreme Court Confirms Key Rules on Mergers and VAT Refunds

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The Mexican Supreme Court of Justice (Suprema Corte de Justicia de la Nación or SCJN) upheld the authority of the Tax Administration Service (Servicio de Administración Tributaria or SAT) to require compliance with certain...more

Pullman & Comley - For What It May Be Worth

Impact of PILOT Agreement on Tax Appeal Refunds

The gigantic American Dream Mall located in East Rutherford, New Jersey challenged its tax assessments for the years 2019-2025 before the New Jersey Tax Court. ...more

Cozen O'Connor

Exception to General Refund Limitations Period for PA Corporate Net Income Tax for Report of Change

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In an unusually taxpayer-friendly decision, a three judge panel of the Pennsylvania Commonwealth Court concluded that Section 406 of the Tax Reform Code of 1971 (the code), 72 P.S. § 7406, is an exception to the general...more

Blake, Cassels & Graydon LLP

Élargissement proposé des pouvoirs de vérification de l’ARC : que peuvent faire les contribuables?

Le ministère des Finances a publié récemment des projets de propositions législatives visant à mettre en œuvre des mesures élargissant les pouvoirs de vérification de l’Agence du revenu du Canada (l’« ARC »)....more

Blank Rome LLP

Internet Tax Freedom Act Preempts New York’s Imposition of Tax

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The New York State Tax Appeals Tribunal, affirming an Administrative Law Judge, held that the Internet Tax Freedom Act prohibits the Division of Taxation from subjecting to tax the receipts that Verizon New York, Inc....more

Blank Rome LLP

California Office of Tax Appeals Denies Occasional Sale Exemption from Sales Tax to Dental Practice

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In a recently released, nonprecedential decision, the California Office of Tax Appeals (“OTA”) upheld a sales tax assessment of nearly $1 million against an owner/operator of dental practices, finding that the sale of the...more

Mayer Brown

Tax Law Highlights - Impact of the Tax Reform on Administrative and Judicial Litigation: Jurisdiction and Related Issues

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ADMINISTRATIVE LITIGATION - Introduction: Tax Reform and the Possible Increase in Litigation; Operation of IBS tax inspection...more

Pillsbury - SeeSalt Blog

Putting Regulations to the Test: California Taxpayers Cleared to Challenge Regulations in OTA Appeals

The California Attorney General has confirmed the Office of Tax Appeals (OTA) may decline to apply a tax regulation in a taxpayer appeal if it conflicts with the relevant statute. OTA must afford appropriate deference to the...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Sales / Use Tax: BTA Determines Utility Poles Used for Camera Enforcement Were Business Fixtures, Not Real Property, and...

Since the poles were personal property (i.e., business fixtures), the taxpayer’s purchase was subject to Ohio sales / use tax unless an exemption applied. In Conduent State & Local Solutions, Inc. v. Harris, Ohio BTA Case No....more

Paul Hastings LLP

German Federal Fiscal Court Questions Double RETT on Share Deals

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Germany’s Federal Fiscal Court (BFH) has decided on the legitimacy of double assessment of real estate transfer tax in share deals. Tax authorities have taken the view that the acquisition of at least 90% of shares in a...more

Kilpatrick

Four Key Takeaways from the Top SALT Cases Impacting the Technology Sector

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Kilpatrick’s Jordan Goodman recently spoke at the Council On State Taxation – 2025 SALT Technology Workshop in the San Francisco Bay Area about the “The Top SALT Taxes Impacting the Technology Sector”. This workshop covered...more

Vorys, Sater, Seymour and Pease LLP

Scope of Ohio Commercial Activity Tax Agency Exclusion Remains Unsettled Following Ohio Supreme Court’s Decision in Aramark Corp....

Aramark provided food service operations to various clients (e.g., hospitals, universities, corporations, sports arenas, etc.). The clients paid Aramark a management fee. In addition, the clients reimbursed Aramark for the...more

Vorys, Sater, Seymour and Pease LLP

Ohio General Assembly Makes Changes to Real Property Complaint Process

Substitute House Bill 96 (H.B. 96), Ohio’s operating appropriations bill for fiscal years 2026 –-2027, was passed by the General Assembly on June 25, 2025 and signed by Ohio Governor Mike DeWine on June 30, 2025. The...more

Vorys, Sater, Seymour and Pease LLP

Ohio Supreme Court Doubles Down on Applying a Plain and Ordinary Meaning to Sales Tax Exemptions

On August 13, 2025, the Ohio Supreme Court overturned the Ohio Board of Tax Appeals (BTA) and the Ohio Tax Commissioner in Claugus Fam. Farm, L.P. v. Harris, 2025-Ohio-2807, Slip Opinion No. 2025-Ohio-2807, thereby allowing...more

Snell & Wilmer

California Office of Tax Appeals Cleared To Consider Whether Tax Regulations Conflict With Statutes

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The California Attorney General (AG) recently issued Legal Opinion No. 23-701 stating that the California Office of Tax Appeals (OTA) has the authority to determine whether tax regulations issued by the Franchise Tax Board...more

Morgan Lewis

German Federal Fiscal Court Questions Practice of Imposing Double Real Estate Transfer Tax on Share Deals

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In proceedings to suspend enforcement, the German Federal Fiscal Court has expressed serious doubts about the administrative practice of imposing double real estate transfer tax in share deals. In particular, the court...more

Proskauer - Tax Talks

Eighth Circuit Affirms Mayo Clinic’s “Educational Organization” Status and UBTI Refund

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On July 25, 2025, the U.S. Court of Appeals for the Eighth Circuit affirmed the District Court decision holding that the Mayo Clinic is entitled to an $11.5 million refund of certain unrelated business income taxes imposed on...more

Dickinson Wright

Tax Planning Misstep? Ontario Court of Appeal Says No to Rectification

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A recent decision from the Ontario Court of Appeal is a good reminder that courts won’t bail you out just because a tax plan didn’t go as expected. In Pyxis Real Estate Equities Inc. v. Canada, 2025 ONCA 65, the Court made it...more

Fox Rothschild LLP

Deadline to File Property Tax Appeals Approaches as Pennsylvania Increases Common Level Ratios

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If you own retail, office, industrial or other commercial property in Pennsylvania, now is the time to review the tax assessment for your property against its current market value. The increase in interest rates has caused...more

Fox Rothschild LLP

IRS Leadership Turmoil Continues With Appointment of Yet Another Acting Chief Counsel While Chief of Appeals Announces Retirement

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The Internal Revenue Service continues to experience significant leadership transition during a period of ongoing internal upheaval and uncertainty. The latest developments are the appointment of Kenneth Kies as the new...more

Jackson Lewis P.C.

Remote Work Challenges After New York Tax Appeals Tribunal Upholds Income Tax “Convenience Rule”

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In an opinion issued on May 15, 2025, the State of New York Tax Appeals Tribunal, the highest administrative forum for state tax appeals, upheld the application of the state’s income tax “convenience rule” imposing New York...more

Cole Schotz

New Jersey’s Latest Budget Has Sweeping Changes to the Mansion Tax

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The latest budget passed by the New Jersey legislature and signed by term-limited Governor Phil Murphy quietly enacted changes to New Jersey’s Mansion Tax, which affects not only residential properties but commercial...more

Tucker Arensberg, P.C.

Lower 2026 Ratio New Opportunities for Reducing Your Property Tax Assessment

In Allegheny County, the tax appeal season will begin shortly for 2026. For every tax year, County property owners can file an assessment appeal. But allegedly, to continue providing certainty to taxpayers and taxing bodies...more

Mayer Brown

Recevabilité des correspondances entre un avocat et son client

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Le Conseil d'État réaffirme l’impossibilité pour l’administration fiscale de se fonder sur des correspondances entre un avocat et son client dans le cadre de procédures de redressement, tout en précisant que cette...more

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