The power and reach of administrative agencies — often led by unelected officials — has long been a source of controversy. Nearly 40 years ago, in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., the U.S. Supreme Court held that an administrative agency’s interpretation of a statute administered by that agency should be given deference
In the News
An interview with California FTB Deputy Chief Counsel Shane Hofeling
By Eric Coffill on
Posted in California, In the News
In this installment of Across State Lines in Tax Notes State, Eversheds Sutherland Senior Counsel Eric Coffill interviews Shane Hofeling, deputy chief counsel and director of the California Franchise Tax Board’s Technical Resources Bureau.
Read the full article here.
California’s ongoing piecemeal approach to market sourcing
By Timothy Gustafson on
Posted in California, In the News
In this installment of A Pinch of SALT for Tax Notes State, Eversheds Sutherland Partner Tim Gustafson reviews California’s market-based sourcing regulation, various interpretations of and proposed amendments to the regulation offered over the past six years, and how the interpretations and amendments might affect taxpayers.
Read the full article here.
A Texas re-ride: Comptroller describes changes to R&D credit regs
By Jeffrey Friedman & Dennis Jansen on
Posted in In the News, Texas
On February 6, 2023, the Texas Comptroller of Public Accounts released a memorandum summarizing the internal-use software regulations related to the state’s franchise tax research and development credit and the sales tax R&D exemption. The comptroller significantly revised these regulations in 2021 and then reversed the revisions in 2022, causing confusion among members of the…
Water’s-edge combined reports and 80/20 companies
Posted in In the News
The unitary combined reporting method for state corporate income taxation has been adopted by an increasing number of states. While combined reporting requirements vary significantly from state to state, nearly all combined reporting regimes require or allow a water’s-edge method that limits the members of a group return to entities that are incorporated in the…
POAs & the FTB: Tips & best practices for submitting a Power of Attorney
By Eric Coffill on
Posted in California, In the News
In this article originally published by CalCPA in the January/February issue of California CPA, Eversheds Sutherland Senior Counsel Eric Coffill provides helpful tips for having a Power of Attorney (POA) submission to California’s Franchise Tax Board accepted the first time and for anticipating problems in using the POA.
Read the full article here.
A failed experiment: New York’s False Claims Act tax meltdown
By Jeffrey Friedman & Cyavash Ahmadi on
Posted in In the News, New York
In this installment of A Pinch of SALT for Tax Notes State, Eversheds Sutherland attorneys Jeff Friedman and Cyavash Ahmadi examine Egon Zehnder, a case they argue demonstrates why New York’s False Claims Act should never have been expanded to tax cases. The case reflects fundamental problems that go to the heart of…
Extending by implication – states redefine indirect tax base
By Elizabeth Cha & Jeffrey Friedman on
Posted in In the News
State and local authorities recently have used decisions and enforcement to go beyond the language in tax statutes.
In this edition of “A Closer Look” in Bloomberg Tax, Eversheds Sutherland attorneys Jeff Friedman and Liz Cha look at examples of these attempts to expand the tax base and the challenges faced by those who…
5 proof of domicile takeaways from Calif. Tax Appeals ruling
By Eric Coffill on
A recent significant precedential and unanimous decision by the California Office of Tax Appeals, Matter of the Appeal of Beckwith, provided more guidance on how to determine California domicile and residency for state personal income tax purposes.
In his article for Law360, Eversheds Sutherland Senior Counsel Eric Coffill provides five domicile takeaways and…
Pass/Fail: Evaluating the test for D.C. statutory residency
By Charlie Kearns & Charles Capouet on
The District of Columbia occupies a unique position among subnational jurisdictions in the United States given its status as a nonstate, federal enclave. The District’s status allows it to impose individual income tax on only residents under the district clause of the US Constitution, the Home Rule Act of 1973, and implementing statutes that are…