SALT Blog 

In an unreported opinion, on February 6, 2017, the Commonwealth Court vacated an order of the Philadelphia Court of Common Pleas, which had granted the motion of a Sheriff’s sale purchaser to intervene and to extend time to complete payment of the Sheriff’s sale purchase price.  The Commonwealth Court characterized the Purchaser’s motion as a “restart” of the Sheriff’s sale subject to the same detailed notice and hearing procedures as the initial sale.

In City of Philadelphia v. Singhal, No. 128 C.D. 2016, it was undisputed that the City of Philadelphia had properly ...

Just a few weeks ago, Chamberlain Hrdlicka attorneys Stewart M. Weintraub and Adam M. Koelsch, together with Peter L. Faber of McDermott, Will & Emery LLP, filed in the U.S. Supreme Court an amicus brief on behalf of the American College of Tax Counsel in support of the petitioners challenging the Michigan Court of Appeals’ September 2015 decision in Gillette Commercial Operations N. Am. v. Dep't of Treasury.

In the amicus, the attorneys argued that the Court of Appeals  had misapplied the holding of the Supreme Court in United States v. Carlton in order to sustain a retroactive repeal ...

Chamberlain Hrdlicka’s SALT Practice Chair, Stewart Weintraub, recently wrote an article about Philadelphia RAR Overpayments for the Journal of Multistate Taxation and Incentives.

His article, “Philadelphia RAR Overpayments – Not for the Faint of Heart,” discusses a recent Philadelphia case in which a statute of limitations barring a refund did not prohibit credits against future taxes.

Stewart outlined the Philadelphia Business Income and Receipts Tax (BIRT) structure, the facts of the case, the statute of limitations issues and the case’s conclusion. The ...

Institute for Professionals in Taxation honors Chamberlain Hrdlicka attorney for years of leadership

PHILADELPHIA (July 2014) – The Philadelphia office of Chamberlain Hrdlicka is proud to announce that shareholder Stewart M. Weintraub has been recognized by the Institute for Professionals in Taxation® (IPT) with its Special Award for his dedication and service to the organization. The award was presented on July 1, 2014 at the Institute’s Annual Conference in Phoenix, Arizona.

The IPT’s Special Award is presented to members who have contributed significantly to a ...

Chamberlain Hrdlicka tax attorney honored by ALM Media publication

PHILADELPHIA (June 2014) – The Philadelphia office of Chamberlain, Hrdlicka, White, Williams & Aughtry is proud to announce that shareholder Stewart M. Weintraub has been honored with a Lifetime Achievement Award from The Legal Intelligencer, a publication of ALM Media. Presented at a celebratory dinner on May 29, 2014, the award honors a select number of Pennsylvania’s most influential lawyers and jurists.

The Legal Intelligencer selected individuals who have helped to shape the law in Pennsylvania ...

by Jennifer Karpchuk

The ABA Section of Taxation and the Institute for Professionals in Taxation will be holding a week-long opportunity for practitioners to receive CLE and CPE credit while learning about current state and local tax issues facing different businesses and industries.  The seminars will be held in New Orleans, Louisiana.  According to the ABA/IPT, the seminars are designed for, “attorneys, accountants, tax directors, state and local tax managers, government tax officials, appraisers, property tax managers, commercial and industrial property managers, and ...

by Stewart Weintraub

I am pleased to share with you that I will be speaking at the upcoming meeting of the ABA Tax Section State & Local Tax Committee, in Boston MA.  The panel presentation is titled: “Selling Your Business: Where’s Our Share?  State Taxes on the Sale of an Interstate Business or Subsidiary,”.

From AmericanBar.org:

“The panel will discuss the key SALT issues that arise from the sale of a business or a subsidiary, including stock sales that are treated as asset sales under IRC Section 338. The panel will review how these transactions were treated under UDITPA's ...

by Jennifer Karpchuk

The Alabama Supreme Court recently addressed the issue of whether online travel companies are liable for the payment of municipalities’ lodgings tax.SeeCity of Birmingham, et al. v. Orbitz, LLC, et al., Dkt. No. 1100874 (Ala. S. Ct. 2012).The appellants in the case were nine (9) Alabama municipalities and the appellees were sixteen (16) online travel service companies and related entities.

In their complaint, the municipalities alleged that municipal ordinances were enacted which imposed a lodgings tax on hotels located within their city limits; that ...

by Jennifer Karpchuk  

ALABAMA

Alabama House Approves Legislation to Update Taxpayer’s Bill of Rights

The Alabama House approved a substitute version of a Bill, HB 105, which would update the Alabama Taxpayer’s Bill of Rights with regard to the protocols for handling taxpayer appeals.

Alabama Supreme Court Finds for Online Travel Companies in Tax Suit

The Alabama Supreme Court affirmed a lower court’s summary judgment decision, which held that online travel companies are not engaged in the business of renting rooms or lodgings or furnished accommodations for the purposes ...

by Jennifer Karpchuk

CONNECTICUT

Connecticut Finds Scholastic Used Teachers to Sell Books Creating Nexus to Subject it to Sales Tax

The Connecticut Supreme Court reversed a lower court’s decision and held that Scholastic Book Clubs, Inc. was subject to state sales tax because in-state school teachers acted as its representatives, thereby creating the requisite nexus to justify imposing the tax.  For prior coverage of this issue.

GEORGIA

Georgia Lawmakers Approve “Amazon” Bill

The Georgia Senate approved legislation, HB 386, which would create click-through nexus and ...