568 results for 'cat:"Tax"'.
J. Benton finds a lower court properly dismissed a structural engineering firm's request for research tax credit. The structural engineer argued that it was entitled to an incentive to invest for the creation of structural design and construction documents for various building plans. However, the Internal Revenue Commissioner sufficiently showed in court that the structural engineer is not entitled to R & D credits for non- qualified research expenses that lack technological aspects. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: May 6, 2024, Case #: 23-1523, Categories: Construction, tax, Technology
J. Cabret finds the superior court properly entered an amended judgment in the property owner's favor in a dispute with her neighbor in part over payment of property taxes for properties on their adjacent plots. The superior court's judgment calling for reimbursement of property taxes paid by the property owner was the most equitable result given the competing interests of both parties, and the court did not abuse its discretion. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: May 6, 2024, Case #: 2024 VI 21, Categories: Property, tax
J. Boulware grants a bank's post-remand motion for summary judgment. After borrowing more than $340,000 to purchase a home, the borrower stopped paying federal taxes, accruing $250,000 in income tax liability, plus interest. She then fell behind on her HOA payments and the HOA held a foreclosure sale on the property. The deed of trust was assigned to the bank, and the trust sought declaratory judgment that the property is not encumbered by the deed of trust. The deed of trust was recorded four years prior to the foreclosure sale. Despite this notice, the trust failed to inquire as to whether the title would be encumbered following that foreclosure sale.
Court: USDC Nevada, Judge: Boulware , Filed On: May 6, 2024, Case #: 2:16cv2276, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: tax, Banking / Lending, Foreclosure
J. Pillard reverses the tax court's finding the IRS does not have the authority to assess and collect a $500,000 penalty against a taxpayer who initially failed to report his ownership of Belizean corporations. Congress authorized the agency to assess these types of penalties, and the agency is not required to sue taxpayers in federal court to collect the penalties. Reversed.
Court: DC Circuit, Judge: Pillard, Filed On: May 3, 2024, Case #: 23-1179, Categories: tax
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J. Johnson, in this accelerated interlocutory appeal, finds the trial court properly denied USA Today's Texas Citizen’s Participation Act motion to dismiss the defamation claim. The tax service provider alleges a USA Today story falsely accused him of unlawful business practices in an effort to secure tax savings for clients. Record evidence creates a genuine fact issue on whether the publisher accurately reported whether the FBI was investigating the service provider. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 09-22-00432-CV, Categories: tax, Defamation, Business Practices
J. Robinson finds that the trial court properly properly upheld the department of revenue's interpretation that the city was not eligible for payment in lieu of tax funds because the two properties owned by Memorial Hospital did not satisfy the definition of “nonprofit hospital facility.” Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: May 2, 2024, Case #: 21-185, Categories: Municipal Law, tax
J. Robinson finds that the trial court should have dismissed plaintiff's appeal stemming from the state's historic preservation tax credits program because the parties' stipulation unambiguously waived plaintiffs' rights to administrative hearings or appeals.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: May 2, 2024, Case #: 22-122, Categories: Civil Procedure, tax
J. Easterbrook finds that the tax court properly found for the IRS in a dispute over a couple's claim for a research expense tax credit. There is no support for the couple's claim that the husband's salary and bonus as president of the wife's firm were research expenses, as there are no written records of how he spent his time. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 30, 2024, Case #: 23-2681, Categories: tax
J. Bogardus finds the tax hearing officer erroneously determined a portion of the out-of-state business's gross receipts tax was exempt. Although the underlying work was performed in Texas, it included payroll services completed for the benefit of employees in New Mexico and should have been taxed. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: April 30, 2024, Case #: A-1-CA-40686, Categories: Civil Procedure, tax
J. Danner finds that the trial court properly rejected a challenge to a city's plan to issue and sell bonds to fund its pension liabilities. The city's charter creates an obligation to provide city employees with pensions, this contractual commitment must be managed in an actuarially sound manner and the unfunded liability for future pension payments is a current debt that has already been incurred. The plan does not trigger constitutional debt limits requiring voter approval, as it will not cause indebtedness that exceeds revenue in any given year. Affirmed.
Court: California Courts Of Appeal, Judge: Danner, Filed On: April 29, 2024, Case #: H050889, Categories: Constitution, Pensions, tax
J. Lauber finds for the commissioner of internal revenue in collections due process claims concerning a tax deficiency because material facts do not remain in dispute, and the settlement officer did not abuse his discretion by sustaining the levy.
Court: U.S. Tax Court, Judge: Lauber, Filed On: April 29, 2024, Case #: 2024-53, Categories: tax
J. Diaz finds that the lower court properly found that a wireless company in the business of selling pre-paid airtime from cellular networks is subjected to a city's utility tax. Precedent from the Supreme Court, the legislature's intent when crafting the utility tax, and a plain reading of the tax code all point to the wireless company's services falling under the umbrella of the utility tax. Affirmed.
Court: Washington Court Of Appeals, Judge: Diaz, Filed On: April 29, 2024, Case #: 85094-6-I, Categories: tax
On rehearing, J. Easterbrook finds that the bankruptcy court improperly found that it had jurisdiction to determine the amount of a debtor's tax obligations, when the debtor is unlikely to pay them. The bankruptcy court has jurisdiction only if the tax dispute is "related to" the payment of debtor's other debts, which must be determined at the outset of the dispute not after the bankruptcy court has already resolved other creditors' claims. On remand, the court must consider whether a decision could have affected the allocation of assets among creditors on the date the debtors asked the court to determine their tax liabilities. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 29, 2024, Case #: 16-3244, Categories: tax, Jurisdiction
J. Murphy finds that the lower court properly denied a preliminary injunction request from a group looking to challenge a new Colorado law that requires certain language disclosures for ballot measures that contain a tax-related change. The group says that the mandated language in the ballot titles is unconstitutionally compelling its political speech, but they are not likely to succeed on the merits of their claims. The law governing the titles for the ballot measures falls under government speech that is not intended to represent any expressions or feelings from the ballot's proponents, leaving it protected under the law. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: April 26, 2024, Case #: 23-1282, Categories: Constitution, tax, Injunction
Per curiam, the court of appeals denies the inmate's petition for a writ of mandamus seeking to compel the trial court to provide file-stamped copies of documents involving tax sale proceeds for which he is an heir. He fails to explain why not having file-stamped documents, or a response from the clerk acknowledging their filing, prevents him from proceeding to a disposition of his motion for release of the proceeds.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 09-23-00335-CV, Categories: tax, Wills / Probate, Prisoners' Rights
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: Property, tax, Jurisdiction
J. Weiler finds for a company in tax liability claims for lack of evidence of civil fraud and because the partnership was entitled to a charitable contribution deduction for donating a conservation easement.
Court: U.S. Tax Court, Judge: Weiler, Filed On: April 25, 2024, Case #: 2024-52, Categories: Property, tax
Vice Chancellor Zurn declines to dismiss certain claims associated with $344 million paid to the founders of a partnership and other insiders for the loss of tax benefits in the partnership's conversion to a corporation because safe harbors in the partnership agreement are available, and the shareholder successfully pleads that defendants lacked leverage to extract payment for such.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: April 24, 2024, Case #: 2022-0664-MTZ, Categories: Corporations, tax, Partnerships
J. Partida-Kipness finds that the lower court properly granted the appellees' pleas to the jurisdiction in this suit involving the appellant's property taxes and allegations that his payments were not properly applied against a judgment. The pro se appellant fails to adequately brief his issues, and the court additionally finds that the appellees were "entitled to dismissal" based on governmental immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 24, 2024, Case #: 05-23-00224-CV, Categories: tax, Fiduciary Duty, Jurisdiction
J. Pirtle finds the Nebraska Tax Equalization and Review Commission properly reversed the board's decision upholding its assessed value of the grocery store. Kroger appealed the board's assessed value of roughly $4.5 million, providing expert testimony the property was more correctly valued at $2.5 million. The board presented little evidence as to how its computer-aided appraisal was utilized, also insufficiently explaining market adjustments and specifics on figuring depreciation. The record is inadequate as to how the board’s valuation was determined compared to Kroger's well documented valuation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-268, Categories: Evidence, tax, Experts
J. Christopher finds that the trial court improperly sided with city officials in a dispute with taxpayers over the alleged underfunding of a drainage and street renewal fund. The officials "acted ultra vires by not making the proper allocations." Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 23, 2024, Case #: 14-23-00550-CV, Categories: Government, tax
J. Gale finds for the commissioner in this tax liability dispute related to a corporate filing because the company improperly claimed a deduction in connection with distressed Brazilian trade receivables.
Court: U.S. Tax Court, Judge: Gale, Filed On: April 23, 2024, Case #: 2024-50, Categories: tax
J. Bishop finds the Nebraska Tax Equalization and Review Commission properly reversed the board's acceptance of the county assessor’s recommended valuation for a hotel property. The owner presented expert testimony using a sales comparison approach, as well as actual income and expenses from the property and comparable properties to calculate a typical market average. The expert's $660,000 appraisal was clear and convincing evidence the board’s appraisal of $1.5 million was arbitrary or unreasonable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 23, 2024, Case #: A-23-661, Categories: Evidence, tax
[Consolidated.] J. Recketenwald finds the lower tax court properly granted summary judgment to Maui County in a challenge by timeshare managers who say the county unfairly taxed timeshare visitors by creating a tax classification separate from existing hotel taxes. The creation of a timeshare tax classification is constitutional because it acts as a real property tax and does not actually tax individual timeshare unit users. “The Time Share classification and its rate act as a tax on real property based on the assessed property value, whereas the (transient accommodation tax) is a tax assessed on individual visitors and the value of their stay.” Affirmed.
Court: Hawai'i Supreme Court, Judge: Recketenwald, Filed On: April 23, 2024, Case #: SCAP-22-587, Categories: Government, Property, tax
J. Walker upholds the tax court's finding for the IRS on a Swiss couple's challenge to $500,000 in penalties assessed after they had voluntarily amended their tax returns to include millions in a Swiss bank account they had not previously disclosed. Contrary to the couple's argument, the corrected returns do not protect them from penalties and the assessments were not untimely. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: April 23, 2024, Case #: 22-1308 , Categories: Administrative Law, tax
[Consolidated.] J. Cannataro finds that the tax appeals tribunal properly denied corporate tax deductions to Walt Disney and IBM based on their foreign affiliates' royalty payments on licensed intellectual property. For a decade, New York allowed companies that paid franchise taxes to deduct income received as royalty payments if the affiliates already paid a state tax on the same income, as long as companies included the royalty payments when calculating their own taxable income. However, the affiliates operate overseas and thus are not subject to that provision, and royalty deductions do not apply. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: April 23, 2024, Case #: 34, Categories: Corporations, Commerce, tax