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Marilyn A. Wethekam Discusses Commerce Clauses in “Quill Still Good Law for Due Process Analysis, Hecht Says” by Tax Notes State10/06/2020

Download the full article by Tax Notes State here. The U.S. Supreme Court will continue to look to the analysis in Quill Corp. v. North Dakota for due process clause purposes, according to Multistate Tax Commission Uniformity Counsel Helen Hecht. The topic came up during a September 15 webinar hosted by the Federation of Tax Administrators. FTA Deputy Director Verenda…

Richard M. Horwood, Rick S. Rein and Jeffrey A. Zaluda Named to Best Lawyers in America 2021 List09/08/2020

Richard M. Horwood, Rick S. Rein and Jeffrey A. Zaluda were named to Best Lawyers in America 2021. Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.…

Chris T. Lutz Published in “5 State & Local Tax Cases To Watch In The 2nd Half Of 2020” by Law36009/01/2020

In this article from Law360 by Maria Koklanaris, Chris T. Lutz tackles questions regarding Wisconsin's state court of appeals to overturn a circuit court ruling that Deere & Co. is entitled to a dividends-received deduction from a Luxembourg affiliate that elected to be treated as a corporation for federal tax purposes. Read the full article by Law360 here. Wisconsin has argued…

Alicia A. Handy Named to Best Lawyers 2021 Ones to Watch List08/21/2020

Alicia was named to Best Lawyers 2021 Ones to Watch List. These awards are recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. Best Lawyers' methodology for determining these awards is through peer-review. Learn more about Alicia here.…

Marilyn A. Wethekam Discusses the False Claims Act in “Conversion on False Claims Act Expansion – Does it Make Sense?” with Tax Notes State08/17/2020

In this discussion of the policy considerations of expanding state False Claims Act to taxes, Nikki E. Dobay and Stephanie T. Do interviewed four state and local tax experts who have experience with the ramifications of state false claims acts: Marilyn A. Wethekam, Helen Hecht, uniformity counsel and Brian Hamer, counsel to the Multistate Tax Commission and David Pope, partner…

Chris T. Lutz Discusses Top State and Local Tax Case of 2020 with Law36007/06/2020

In "Top State & Local Tax Cases of 2020: Midyear Report" by Law360, Chris T. Lutz discusses Honigman Miller Schwartz & Cohn LLP v. City of Detroit. The closely watched case went to issues currently at the heart of state taxation, the definition of a service and where the income from that service should be sourced. While falling short of…

David A. Hughes Discusses Illinois Nonresident Workers and State Income Tax with Law36006/29/2020

In an article by Daniel Tay and published by Law360, David A. Hughes discusses how Illinois nonresident employees have received a 30-day safe harbor against state income tax to carry out a 2019 law intended to prevent double taxation. Illinois' 30-day threshold is longer than the periods seen in other states David told Law360. He also noted that the Illinois…

Jordan M. Goodman Provides Insight on States Considering Gross Receipts Taxes in Order to Cope with Virus Impact to Bloomberg Law Tax04/27/2020

An article published by Bloomberg Law Tax discusses the possible reemergence of Gross Receipts Taxes in states due to the COVID-19 pandemic. Gross receipts taxes are becoming attractive because they rely on calculations of total commercial activity rather than profitability, said Jordan M. Goodman. Jordan continued to say that, "During the COVID-19 recession you are going to see a lot…

Fred O. Marcus Nominated for the Northwestern University Pritzker School of Law’s Adjunct Professor of the Year Award04/21/2020

Congratulations goes to Fred for his nomination for the Northwestern Pritzker School of Law's Adjunct Professor of the Year Award. Northwestern University is a member of the Top 14, a group of law schools that have received national recognition. Read more about Fred here. …

David A. Hughes Provides Insight on Illinois Supreme Court’s Refusal to Hear Streaming Tax Challenge To State Tax Notes03/27/2020

An article published by State Tax Notes discusses the Illinois Supreme Court's refusal to review an appellate court decision that Chicago's amusement tax as applied to online streaming services does not violate the state constitution or the Internet Tax Freedom Act (ITFA). The court denied the petition for leave to appeal in Labell v. City of Chicago, letting stand the…

Aaron L. Hammer, David S. Ruskin and Nathan E. Delman Discuss the Hurdles and Risks Facing Cannabis Businesses with the Cannabis Industry Journal02/18/2020

Two thirds of all states and the District of Columbia have, to varying degrees, legalized cannabis. With the recent addition of Illinois, eleven states now allow adult recreational use. But cannabis entrepreneurs’ rush of excitement and dreams of cashing in is met with fierce competition and economic risks that makes the dreams, which look so dank at first, end up…

Chris T. Lutz discusses State Sovereignty with Tax Notes State02/06/2020

Read the full article on State Tax Notes here (subscription required). In this installment of his column, Internally Consistent, Chris discusses the impact of recent U.S. Supreme Court decisions affecting state sovereignty, including Hyatt and Dawson v.Steager. This was the year of remote seller nexus, marketplace facilitators, state taxation of foreign income, and market-based sourcing becoming the majority rule for…

David A. Hughes discusses the Unveiling of Illinois’ 30-Day Income Tax with Law36001/13/2020

Illinois seeks to establish a 30-day safe harbor against state income tax for nonresident employees under a recently proposed regulation that specifies how workers should calculate their number of days worked in the state. In an article by Law360, David Hughes explains how different this proposed rule is when compared to previous regulations, noting that previous regulations on taxing nonresident…

Samantha Breslow Discusses the Paradox of Chicago’s Approach to Nexus and the “Cloud Tax” with Bloomberg Tax01/03/2020

Chicago's previously hidden tax ruling exempted Moxie Software Inc. from tax collection duties under the "Cloud Tax". In an article by Bloomberg Tax, Samantha Breslow explains the discrepancy between the Cloud Tax and Chicago's stance on nexus. Because the city didn't address the question of nexus in 2015 when modifications to its Personal Property Lease Transaction Tax were made, the…

Samantha Breslow discusses Chicago’s Previously Hidden Private Letter Rulings with Bloomberg Tax01/02/2020

In an article published by Bloomberg Tax, Samantha Breslow delves into the challenges presented to taxpayers after Chicago's previously hidden Private Letter Rulings ("PLRs") come to light. "Historically, it has been very difficult to gain access to Chicago GILS ["General Information Letters"] or PLRs, which results in a lack of transparency for taxpayers trying to comply with city ordinances," said…

Chris Lutz Discusses Massachusetts’ “Cookie Nexus” Case in Virginia Court with Tax Notes10/17/2019

Chris Lutz spoke about the Virginia Albemarle County Circuit Court's decision in Crutchfield Corp. v. Harding, in an article by Tax Notes. Chris explained that Virginia courts did not have personal jurisdiction over a Massachusetts official claiming Crutchfield had sales tax nexus with the state. The Massachusetts regulation considers the use of in-state software and cookies as constituting a physical…

Samantha Breslow Discusses Chicago’s “Cloud Computing Tax” with Bloomberg Law News09/16/2019

Auditors in Chicago have been aggressively asserting that businesses have tax duties under the "cloud computing tax" because of their economic presence, or the volume of business they conduct within the city. In an article by Bloomberg Law News titled "State of Wayfair: Economic Thresholds Sneak Into Chicago Audits" by Michael J. Bologna, Samantha Breslow explains that the problem is…

Samantha Breslow Discusses Chicago’s Tax on Cloud-Based Products09/10/2019

At the beginning of 2016, Chicago implemented a unique method to tax businesses for their use of remote computing services, also known as the cloud. The Personal Property Lease Transaction Tax program collected $13.9 million during its first six months and rose to $42.2 million through 6/30/18. In an article by Bloomberg Law News, Samantha Breslow explained that Chicago is…

Marilyn Wethekam Discusses How Old Tax Language Should be Amended for Modern Technology08/12/2019

State and local governments are trying to apply older tax laws to modern technologies such as streaming services. This one-size-fits-all ideology of the decades-old regulations leaves the law on shaky ground. Marilyn Wethekam discussed how shoehorning old tax laws to modern business services can be a setback at the Multistate Tax Commission's annual meeting in Boise, Idaho. "Ordinances and statutes…

David Ruskin Joins Legal Face-Off on WGN Radio to Discuss Illinois’ New Cannabis Law08/02/2019

Cannabis business attorney David Ruskin was interviewed by Chicago's top legal radio show, Legal Face-Off on WGN Radio. David discussed Illinois' new recreational marijuana law and what it means for individuals and businesses. Listen to the recording on WGN Radio.…

Chris Lutz Discusses Illinois Tax Changes with Law360 and Tax Notes06/07/2019

As Illinois passes a new budget, State and Local Tax attorney Chris Lutz helps break down important changes with Law360 and Tax Notes. 3 Illinois Tax Changes Attorneys Should Know About As published by Law360 for its subscribers. Out-of-state businesses will also see a big change in local sales tax collection under the legislation. For collections of the local retailer's…

Jordan Goodman Provides Insight to International Tax Review: “Exclusive: US State Drags Amazon to Court on Platform Sales Tax Liability”02/26/2019

An article published by International Tax Review discusses how Judge Ralph King Anderson III will decide whether Amazon acted as a seller in a case against the US state of South Carolina, potentially making it liable for millions of dollars in back taxes. Although the parties agree that the facts of the case are not in doubt, and no trial…

Chris Lutz Provides Insight to State Tax Notes – “Virginia Supreme Court Affirms State’s Apportionment Method”02/12/2019

An article published by State Tax Notes discusses the recent Virginia Supreme Court case, Corporate Executive Board v. Virginia Department of Taxation. Chris Lutz shared his thoughts about how this case fits into a recent line of alternative apportionment cases. The full article, "Virginia Supreme Court Affirms State's Apportionment Method," was written by Jad Chamseddine and published by State Tax Notes…

Chris Lutz Provides Insight to State Tax Notes – Wayfair Should Not Have A Major Impact On Apportionment01/23/2019

An article published by State Tax Notes discusses how States' market-based sourcing rules are likely to undergo scrutiny in the wake of the Wayfair decision that could lead to litigation and new income tax liability. State and Local Tax attorney, Chris Lutz, said, "he doesn't expect Wayfair to have a major impact on apportionment because most states have taken the…

Chris Lutz Provides Insight to Tax Analysts – “New Mexico Not Entitled to Exclude Payroll Factor in Bank’s Income Apportionment”01/22/2019

An article published by Tax Analysts discusses the New Mexico Taxation and Revenue Department failing to prove it was entitled to exclude the payroll factor from the state's apportionment formula for financial institutions. In a ruling for the taxpayer, Discover Bank, the administrative hearings office found that the department did not carry its burden showing that eliminating the payroll factor…

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