Eversheds Sutherland (US) LLP | USA | 22 Mar 2019
The Virginia Supreme Court held that the use of the cost-of-performance method to apportion nearly 100% of the taxpayer’s sales of services to…
Akerman LLP | USA | 13 Feb 2019
The two primary constitutional weapons used to combat the application of state tax laws are the Due Process Clause and the Commerce Clause. That said…
Womble Bond Dickinson (US) LLP | USA | 7 Feb 2019
Often, when faced with litigation, it can be difficult to assess potential exposure for defendants. While actual damages may be easy to calculate…
Baker McKenzie | USA | 7 Feb 2019
Six online retailers recently sued the Massachusetts Department of Revenue over the pre-Wayfair enforcement of regulation 830 CMR 64H.1.7 (“Remote…
Eversheds Sutherland (US) LLP | USA | 1 Feb 2019
The Washington Department of Revenue Appeals Division ruled that for B&O apportionment purposes under the “services and other activities” tax…
Reed Smith LLP | USA | 25 Jan 2019
We’ve been chronicling the troubles that defendants have been having in getting Pennsylvania courts to follow the Due Process requirements of personal…
Reed Smith LLP | USA | 11 Jan 2019
On January 11, 2019, the United States Supreme Court granted certiorari in North Carolina Department of Revenue v. The Kimberly Rice Kaestner 1992…
Reed Smith LLP | USA | 7 Jan 2019
We’ve blogged a number of times about the Dormant Commerce Clause (“DCC”) as an additional basis for bolstering both preemption and Due Process…
PCK Perry + Currier Inc | USA | 11 Dec 2018
In this decision, the United States Court of Appeals for the Federal Circuit (“CAFC”) upheld the Trademark Trial and Appeal Board’s (“TTAB”) decision…
Seyfarth Shaw LLP | USA | 7 Dec 2018
Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages…