View Recent Blog Posts in State and Local Taxation

  • By: Jaye Calhoun, William Kolarik and Divya Jeswant On Monday, October 24, the United States Department of Justice (the "DOJ") confirmed that it did not appeal the Court of Appeals for the Fifth Circuit's decision in Trafigura Trading LLC v. United States, No. 21-20127, 29 F.4th 286 (5th Cir. 2022). The Fifth Circuit invalidated the federal tax on domestic crude oil exported from... Continue Reading...
  • By: Angela Adolph For traditional manufacturers, the Inflation Reduction Act of 2022 (IRA) offers a mixed bag of carrots and sticks to support its green energy goals. Signed by President Biden on Aug. 16, 2022, the bill includes numerous tax credits and other incentives promoting clean energy investment. One of the IRA's stated purposes is to incentivize and... Continue Reading...
  • By: Jaye Calhoun, Sean McLaughlin and William Kolarik Louisiana Department of Revenue income tax auditors are increasingly proposing large assessments by misapplying a formula in a Department regulation (La. Admin. Code 61:I.1130(B); the "Regulation"). The Regulation is based on a statute designed to prevent deductions related to allocable and nontaxable income and contains a formula that purports to determine a percentage of a... Continue Reading...
  • By: Kyle Polozola, Jaye Calhoun and Phyllis Sims The property tax "open rolls" period is here for Louisiana taxpayers. This annual inspection period is important in any year, but this year early and appropriate action is critical in light of recent legislation that affects the process of appealing a valuation determination by a parish assessor. The "open rolls" period in any Louisiana parish... Continue Reading...
  • By: Jaye Calhoun and William Kolarik On October 28, 2021, the Louisiana Department of Revenue (the "Department") publicly announced a transfer pricing managed audit program in Revenue Information Bulletin No. 21-029 (October 26, 2021). Louisiana's program is similar to managed audit programs recently introduced in other states, such as Indiana and North Carolina. However, unlike some other states, Louisiana's managed audit... Continue Reading...
  • By: Kevin Curry Victims of Hurricane Ida now have until January 3, 2022, to file various individual and business tax returns and make tax payments. The relief applies to taxpayers in any area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual or public assistance. Currently, this relief applies to the entire state of Louisiana... Continue Reading...
  • By: William Kolarik The Louisiana First Circuit Court of Appeal once again recognized the primacy of legislation as a source of law in the state and that the power to tax is reserved to the Legislature alone, not the Louisiana Department of Revenue (the "Department"). In Davis-Lynch Holding Co., Inc. v. Robinson, 2019-1574 (La. App. 1 Cir. 12/30/20),... Continue Reading...
  • By: Jaye Calhoun and William Kolarik On December 27th, the President signed into law a second pandemic relief package as part of a larger government funding bill passed by Congress entitled The Consolidated Appropriations Act, 2021 ("CAA"). In March of this year, President Trump signed the first pandemic-related stimulus bill: H.R. 748, the Coronavirus Aid, Relief and Economic Security Act (Public Law... Continue Reading...
  • By: Jaye Calhoun and William Kolarik One of the most confounding situations faced by corporate taxpayers engaged in a Louisiana income tax audit is the receipt of preliminary workpapers that disallow interest expense deductions with no opportunity to prove that the interest expense is properly deductible because it is directly attributable to the production of apportionable income. The Louisiana Department of... Continue Reading...
  • By: Jaye Calhoun and William Kolarik In a case examining the extent to which the 14th Amendment Due Process Clause limits a state assertion's of jurisdiction over an out-of-state taxpayer, the Louisiana Court of Appeal for the First Circuit held that the Court lacked personal jurisdiction over an out-of-state corporation for income and franchise tax purposes because the corporation's contacts with... Continue Reading...