Searching Content indexed under Trials & Appeals & Compensation by Mark Yopp ordered by Published Date Descending.
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Mcdermott Defeats New York False Claims Act Case Alleging Starbucks Failed To Collect And Remit Sales Tax
On April 9, 2018, the New York State Supreme Court granted Starbucks' motion to dismiss claims that it had failed to collect more than $10 million of sales tax at its New York stores.
United States
1 Jun 2018
Nexus Is Crucial, Complex Connection For State Tax Professionals
With multiple state lawsuits, competing federal legislation, many state bills, and several rulings and regulations, the physical presence rule remains an important and contentious issue.
United States
15 Jun 2017
Alabama Appellate Court Finds Photos Merely Incidental To Nontaxable Photography Services
Last Friday, the Alabama Court of Civil Appeals handed the Department of Revenue a significant loss in their continued attempt to tax non-enumerated services and tangible property provided in conjunction with those services under the sales tax.
United States
12 May 2016
BREAKING NEWS: Sales Tax Battle Breaks Out In South Dakota; Quill's Last Stand?
The law clearly challenges the physical presence requirement under Quill, and that's precisely what the legislature intended.
United States
3 May 2016
California Supreme Court Denies BOE Petition For Review In Lucent Technologies
Last week, the California Supreme Court denied the State Board of Equalization's (BOE's) petition for review in Lucent Technologies, Inc. v. State Bd. of Equalization, No. S230657 (petition for review denied Jan. 20, 2016).
United States
27 Jan 2016
Michigan Backs Off Cloud Tax, Refund Opportunities Available
On 13 October 2015, the German Federal Court of Justice (VI ZR 271/14) ruled that ex-partners can demand the deletion of intimate or revealing photographs and videos once their relationship is over.
United States
15 Jan 2016
Focus On Tax Controversy – December 2015
McDermott Will & Emery has released the December 2015 issue of Focus on Tax Controversy, which provides insight into the complex issues surrounding U.S. federal, international, and state and local tax controversies...
United States
5 Jan 2016
Waiting For Relief From Retroactivity
Retroactivity is an endemic problem in the state tax world. The past year has seen retroactive repeal of the Multistate Tax Compact in Michigan, as well as significant retroactivity issues in New York, New Jersey and Virginia.
United States
16 Dec 2015
Precedential Cloud Victory In Michigan Court Of Appeals
Auto-Owners is an insurance company based out of Michigan that entered into a variety of contracts with third-parties to provide cloud-based services.
United States
3 Nov 2015
Hut, Hut, Phlmph — Florida Judge Denies Dismissal Of Tax On Delivery Charges Lawsuit
In the latest development in the Florida litigation regarding the taxation of delivery charges, Judge Jack Tuter of the 17th Judicial Circuit Court of Florida determined that the complaint against Pizza Hut was sufficient to withstand a motion to dismiss for failure to state a claim.
United States
16 Sep 2015
Delaware’s Unclaimed Property Audit Program Dealt Blow
The judge in a case challenging Delaware’s use of sampling and extrapolation to determine unclaimed property liability denied the state’s motion to dismiss and in doing so, seriously questioned the State’s approach.
United States
16 Mar 2015
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