N.J. Superior Court, Appellate Division upholds the constitutionality of the New Jersey “Throwout Rule.”
Whirlpool v. Director, Dockets A-1180-08T2, A-1182-08T2 (N.J. Sup. App. Div. July 12, 2010)
Category Archives: State
Minnesota: Commissioner of Revenue Cannot Disregard Captive REIT
Commissioner of Revenue does not have the authority to attribute income to and assess taxes on a business on the grounds that the business structured itself to comply with the relevant tax statutes and was motivated to do so solely by tax avoidance.
Read the opinion here:
HMN Financial, Inc. v. Commissioner, Docket A09-1164 (Minn. Sup. Ct. May 20, 2010).
California Court of Appeals: Vouchers are Prima Facie Evidence for Tax Credits
The California Court of Appeals has held that state-issued vouchers certifying certain employees as “qualified” under a hiring incentive tax credit is “prima facie” evidence that the employee was qualified and the Franchise Tax Board must prove otherwise before disallowing an employer’s claim for the credit.
Read the opinion here:
Dicon Fiberoptics v. Franchise Tax Board