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Legal Bytes: Can Trump’s tax plan make America great again?
“A little hyperbole never hurts. People want to believe that something is the biggest and the greatest and the most spectacular. … I call it truthful hyperbole. It’s an innocent form of exaggeration — and a very effective form of promotion.” – Donald Trump, The Art of the Deal. One of Trump’s campaign promises is […]
Latest federal Internet gambling bill proposes tax
LAS VEGAS — If Congress makes no progress on a national framework for online gambling this session, it won’t be for a lack of legislation. Two lawmakers introduced bills over the summer that would legalize some form of Internet gambling nationwide. Last week, Rep. Jim McDermott, a Democrat from Washington, introduced a bill that would […]
Ruling expected this week in cigarette tax saga
BUFFALO — The Seneca Indian Nation is awaiting a judge's decision in its latest challenge of New York state's efforts to tax reservation cigarette sales to non-Indian customers. Last week, lawyers for the western New York tribe went to court in Buffalo ...
Second Circuit rejects Indian tax challenge
The U.S. Court of Appeals for the Second Circuit has lifted stays that blocked New York’s effort to collect taxes on cigarette sales by Indian-owned businesses to non-Indians. In a ruling Monday, the court ruled against Indian tribes ...
NY tax officials announce fraud, filing crackdowns
ALBANY (AP) — New York officials say seven tax preparers have been accused of filing fraudulent tax documents for clients while 14 people face charges for repeated failures to file returns...
Tax: Klein v. U.S.
U.S. District Court, Western District of New York Tax Default Klein v. U.S. 08-CV-6512 Judge Larimer Background: The government moved for entry of default judgment by the clerk with respect to its counterclaim against defendant Rakesh Aggarwal. The taxes, relating back to about 2002, concern penalties assessed against Aggarwal as a responsible person for NetSetGo […]
Federal judge continues ban on Indian cig tax
BUFFALO — Rulings by two federal judges will continue to prevent the state from collecting taxes on some Indian cigarette sales while tribes continue their legal fight against an issue that has caused tension for decades.
Court allows Indian cigarette tax
BUFFALO — A New York appeals court on Tuesday lifted a temporary order blocking the state from collecting taxes on cigarettes sold by Native American stores to non-Indian customers.
Tax: Estate of Stewart v. Commissioner of Internal Revenue
U.S. Court of Appeals, Second Circuit Tax Lifetime Gifts — Transferor’s Retained Possession Estate of Stewart v. Commissioner of Internal Revenue 07-5370-ag Appealed from the U.S. Tax Court Background: Decedent, Margot Stewart, gave a 49 percent share of a mixed-use building to her son, Brandon Stewart. Upon Margot’s death, the IRS sought to include the […]
$1M tax error costs Suffolk revenue
HAUPPAUGE — Long Island officials say a mammoth error in a single state tax return is costing Suffolk County $5 million in sales tax revenue. County budget officials said the taxpayer listed that $10 million ...
Tax: Robinson Knife Manufacturing Co. v. Commissioner of Internal Revenue
U.S. Court of Appeals for the Second Circuit Tax Royalty Payments — Time of Deduction Robinson Knife Manufacturing Co. v. Commissioner of Internal Revenue 09-1496-ag Appealed from the U.S. Tax Court Background: Petitioner-Appellant Robinson Knife Manufacturing Co. sells kitchen tools labeled with trademarks licensed from third parties, to whom Robinson pays royalties. Income tax returns [&hellip[...]
Tax: City of New York v. Golden Feather Smoke Shop
U.S. Court of Appeals, Second Circuit Tax Cigarettes — Reservations City of New York v. Golden Feather Smoke Shop 09-3942-cv Appealed from the Eastern District of New York Background: Defendants-appellants Monique’s Smoke Shop et al. appeal from the Aug. 25, 2009 grant of a preliminary injunction to the City of New York by the U.S. […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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