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December 01, 2023 | New York Law Journal

New York Should Reevaluate Suspension of Driver's Licenses for Tax Collections

As this column has frequently highlighted, the New York Division of Taxation is not afraid to pursue aggressive positions in order to assess and collect revenue for the state. However, many taxpayers may be unaware of one of the more potent tools at the disposal of the division: the ability to suspend a taxpayer's driver's license for non-payment of substantial back taxes.
8 minute read
October 24, 2023 | New York Law Journal

Tax Court Addresses Real Estate Interest Deductions

The federal income tax treatment of interest deductions is often complex and unintuitive. A recent Tax Court case, Cardulla v. Commissioner, addressed a number of issues that may be relevant for taxpayers with interest expense on debt attributable to real estate activities.
6 minute read
October 18, 2023 | New York Law Journal

'Hyatt Hotels': Are Omissions From Gross Income an Accounting Method?

'Hyatt Hotels v. Commissioner' underscores that even an approach to accounting for income and expenses that has been applied consistently by a taxpayer over many years is not necessarily a "method of accounting" subject to the government's broad power to impose adjustments under Section 481(a).
10 minute read
October 01, 2023 | New York Law Journal

Bumping the Bump-Up Exclusion: A Policyholder's Guide to Resisting Improper Coverage Denials

In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
12 minute read
September 20, 2023 | New York Law Journal

Taxpayer Scores Major Victory in Franchise Tax Case

The 'Jefferies Group and Subsidiaries' case involved refund claims of over $10 million. While the Tax Division, among other challenges, objected to numerous positions taken on the corporate returns, the New York State Division of Tax Appeals rejected almost all claims made by the Tax Division.
10 minute read
September 07, 2023 | Daily Report Online

Amid Rapid Growth in Region, Baker Donelson Names New Nashville Office Leader

J. Allen Roberts acknowledged that competition in the health care law field is strong but said Baker Donelson is in a good position to take advantage of Nashville's economic growth.
4 minute read
September 01, 2023 | New York Law Journal

Attorneys 'On the Move': Holland & Knight Adds Real Estate Partner; Capital Markets Attorney Rejoins Shearman & Sterling

And other announcements of recent hirings and promotions of New York attorneys.
4 minute read
August 23, 2023 | The American Lawyer

Lawsuits Over Big Law Diversity Fellowships Prompt Firms to Scrutinize DEI Program Language

The lawsuits filed this week take particular aim at language contained in the firms' diversity fellowship applications that conservative legal activist Edward Blum's group views as exclusionary against its "white, nondisabled heterosexual man" client.
7 minute read
August 22, 2023 | New York Law Journal

The Importance of Character: Tax Court Addresses Cancellation of Nonrecourse Debt

The distinction between COD income and gain on the sale of property was at issue in a recent Tax Court case, Parker v. Commissioner, discussed here.
4 minute read
August 16, 2023 | New York Law Journal

Capital Loss Disputed: 'Computer Sciences Corp. v. Comm'r'

The article discusses a recent Tax Court order in Computer Sciences Corporation v. Commissioner. The order, after discussing various issues raised by the government relating to substance over form, step transactions, nonqualified preferred stock and other matters, denied a motion by the petitioner for summary judgment that it was entitled to a large capital loss.
9 minute read

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