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Unconstitutional Condition State Taxes

McDermott Will & Schulte

Fourth Circuit strikes down Maryland’s digital ad tax “pass-through” ban

Maryland’s attempt to stop businesses from telling customers about a controversial tax has hit a constitutional wall. On August 15, 2025, the US Court of Appeals for the Fourth Circuit ruled that the state’s “pass-through”...more

McDermott Will & Schulte

Washington State Capital Gains Tax Held Unconstitutional

The Washington State capital gains tax, which went into effect on January 1, 2022, has been held unconstitutional by the Douglas County Superior Court. Created in 2021, the tax was ostensibly labeled an “excise” tax in an...more

Morgan Lewis

Four States Sue Federal Government to Invalidate Cap on State and Local Tax Deduction

Morgan Lewis on

New York, New Jersey, Maryland, and Connecticut are seeking to invalidate the new $10,000 cap on the federal deduction for state and local taxes, alleging that the cap is unconstitutional, interferes with states’ rights to...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Rules Tax on Trust Unconstitutional

On Friday, the North Carolina Supreme Court issued its opinion in a closely watched state tax case, holding the state’s taxation of a trust unconstitutional. In The Kimberley Rice Kaestner 1992 Family Trust v. North Carolina...more

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