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26 Nov 2020, 5:43 am
For example, In Re Marriage Of Heinze had the appeals court make the following allocation of royalties: “[T]he petitioner bears the entire federal and state income tax liability for this royalty income. [read post]
24 Nov 2020, 6:00 pm
Sebelius] Before the current pandemic, I had never read the Massachusetts Supreme Judicial Court's opinion in Commonwealth v. [read post]
23 Nov 2020, 10:45 pm
But the Supreme Judicial Court recognized it was "not in [the state's] power to vaccinate [Jacobson] by force. [read post]
Indiana Municipalities’ Franchise Fee Lawsuit Against Online Video Providers Remanded to State Court
23 Nov 2020, 10:29 am
The municipalities moved to remand the case to state court, asserting that the comity doctrine—a common law doctrine that in state taxation cases restrains federal courts from hearing claims for relief that risk disrupting state tax administration—required it. [read post]
23 Nov 2020, 4:25 am
Below you’ll find summaries of five such cases — four decided by judges in the Manhattan and Brooklyn Supreme Courts, and one from Delaware Chancery Court. [read post]
20 Nov 2020, 1:45 am
” Before the Court of Appeal, the respondents argued that, where a claimant is seeking to recover money paid under a mistake of law, the effect of section 32(1)(c) is to postpone the commencement of the limitation period until such time as the true state of the law is established by a judicial decision from which there lies no right of appeal. [read post]
19 Nov 2020, 6:00 am
I wanted to wait till the tax return litigation drew to a close. [read post]
17 Nov 2020, 9:01 pm
States and individuals then brought the current suit challenging the law on the ground that absent a monetary payment component, the individual mandate could no longer rest on Congress’s power to tax, the only authority that Congress had had to pass the legislation after the Supreme Court rejected the Commerce Clause as a source of authority. [read post]
16 Nov 2020, 5:01 am
Prior congressional history “doesn’t necessarily decide the question,” Rogers stated. [read post]
16 Nov 2020, 1:00 am
The Divisional Court considered the construction of each policy wording and the FCA, the Appellant Insurers and the Hiscox Interveners appeal on a number of points On Monday 16 November, the Supreme Court will also hear the appeal of Robinson (Jamaica) v Secretary of State for Home Department. [read post]
13 Nov 2020, 11:47 am
The review demonstrates a policy decision of the General Assembly and of the Courts for efficiency in judicial procedures involving service of process. [read post]
13 Nov 2020, 4:32 am
Suppose that the more people who adhere to LDS tenets, including their 10% tithing requirement, the more tax revenue the states will lose in charitable deductions. [read post]
10 Nov 2020, 7:19 am
The website states as priorities the continued fight against the COVID-19 pandemic, economic recovery, racial equity, and measures to address climate change.With respect to economic recovery, the Biden team has stated that, as president, Biden will seek to reverse at least "some" of the Trump tax reform provisions that became law in 2017, especially regarding corporations. [read post]
9 Nov 2020, 9:01 pm
Indeed, the whole theory of judicial review rests on the premise that unconstitutional laws are void, that is, nonexistent. [read post]
9 Nov 2020, 7:20 pm
Madison, the Court held the offending portion of the Judiciary Act was not judicially enforceable, and did not even consider whether any other part of the Act needed to fall. [read post]
9 Nov 2020, 9:00 am
The challengers (a number of states led by Texas, as well as two individuals) attempt to achieve by judicial fiat what they failed to achieve through the democratic process. [read post]
6 Nov 2020, 9:35 am
Thompson (on Richard Nixon)When President Ford pardoned Richard Nixon for "all offenses against the United States," he stated that it was out of concern for the "immediate future of this great country. [read post]
6 Nov 2020, 9:35 am
Thompson (on Richard Nixon)When President Ford pardoned Richard Nixon for "all offenses against the United States," he stated that it was out of concern for the "immediate future of this great country. [read post]
5 Nov 2020, 1:17 pm
Levy Center for Constitutional Studies and author of Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court. [read post]
5 Nov 2020, 8:00 am
The challengers face no injury, and the court should reject their invitation to judicially repeal the ACA on that basis alone. [read post]