Publications

Section Newsletter Articles on Taxation

Palos Bank and Trust Co. v. Illinois Property Tax Appeal Board and Cook County Board of Review 2015 IL App 143324 (First District) (decision filed September 30, 2015) By Mary Ann Connelly Administrative Law, November 2015 In this case the Appellate Court affirmed judgment of the circuit court dismissing the complaints for administrative review
Illinois appellate court allows City of Chicago to expand tax jurisdiction to short-term rentals of vehicles outside its borders that involve Chicago residents By Stanley R. Kaminski State and Local Taxation, October 2015 Hertz and Enterprise Leasing v. City of Chicago is a landmark case since it is the first time in Illinois or nationally that a court has allowed a taxing body to extend its tax collection and regulatory powers to extraterritorial activities and transactions based solely on an administrative presumption that a taxable use would be presumed to occur in the future in the taxing jurisdiction, unless the lessor proves otherwise.
Palos Bank and Trust Co. v. Illinois Property Tax Appeal Board and Cook County Board of Review 2015 IL App 143324 (First District) (decision filed September 30, 2015) By Mary Ann Connelly State and Local Taxation, October 2015 In this case the Appellate Court affirmed judgment of the circuit court dismissing the complaints for administrative review
Recent Georgia case illustrates how not filing a tax bulk sales notice in an asset purchase can be costly to the buyer By Timothy E. Moran State and Local Taxation, September 2015 A look at the ramifications of Douglasville Hospitality, Inc. v. Riley, Georgia Tax Tribunal.
Recent tax-related developments and legislation By Timothy E. Moran State and Local Taxation, September 2015 Sometime this month the Cook County Treasurer’s Office will be unveiling a new format for the calculation of refund amounts in Specific Objection complaints.
Tax treatment of monetary sanctions by the government By James Creech Federal Taxation, September 2015 With fines of all sizes becoming a day-to-day reality it is worth taking a closer look at the tax treatment of monetary penalties imposed by a governmental unit.
City of Chicago extends effective date of lease tax ruling until January 1, 2016 due to cloud tax concerns By David J. Kupiec, Natalie M. Martin, and Evan W. Schanerberger State and Local Taxation, August 2015 On June 30, 2015, the City of Chicago issued a release titled “Personal Property Tax Ruling 12 Effective 7-1-2015,” which officially extended the effective date of Lease Tax Ruling #12 from September 1, 2015 to January 1, 2016.
The Cook County Wage Theft Ordinance of 2015—The impact on property tax incentives By Donald T. Rubin State and Local Taxation, July 2015 An explanation of this new amendment, which went into effect on May 1st of this year.
Tax updates for Chicago By Stanley R. Kaminski State and Local Taxation, July 2015 The Chicago Department of Finance has issued two new administrative rulings to be enforced as of September 1, 2015.
Class 7c tax incentive—Commercial Urban Relief Eligibility (CURE) By Brian Liston State and Local Taxation, June 2015 The Class 7c Tax Incentive provides the same tax relief as a Class 7a, 7b or 8 Tax Incentive; however, due to the relaxed requirements to obtain the Incentive, the Class 7c only lasts five years while the Class 7a, 7b or 8 lasts 12 years.
Comments in support of legislation establishing a bi-partisan and bicameral national commission to consider whether a value-added replacement tax should be a component of federal tax reform Federal Taxation, June 2015 It is time for Congress to take ownership of sweeping tax reform and an important first step is for the creation of a bi-partisan and bicameral National Commission to consider whether a value-added replacement tax should be a component of federal tax reform.
Tax reform policy considerations By Leonard S. DeFranco Federal Taxation, June 2015 The paper submitted to our legislators in Washington by Section member Leonard DeFranco.
Why 2? Won’t 1 do? By Hon. Julie-April Montgomery, (ret.) State and Local Taxation, June 2015 On January 1, 2014 two separate agencies started hearing disputed tax notices—the Illinois Department of Revenue’s Administrative Hearings unit and the Illinois Independent Tax Tribunal.
New Class 7c tax incentive provides opportunities for newly constructed or vacant commercial properties By Kevin Fanning State and Local Taxation, May 2015 The newly minted 7c classification was created with an eye towards grocery stores and food deserts, but its broad-ranging eligibility requirements provides strong potential for other commercial properties throughout Cook County looking to expand or rehabilitate.
United States Supreme Court holds that “similarly situated competitors” in a jurisdiction represent a comparison class and equivalent comparable state taxes to be considered in deciding discrimination By David J. Kupiec, Natalie M. Martin, and Evan W. Schanerberger State and Local Taxation, May 2015 A summary of the recent case of Alabama Department of Revenue et al. v. CSX Transportation, Inc.
United States Supreme Court holds that “similarly situated competitors” in a jurisdiction represent a comparison class and equivalent comparable state taxes to be considered in deciding discrimination By David J. Kupiec, Natalie M. Martin, and Evan W. Schanerberger Energy, Utilities, Telecommunications, and Transportation, May 2015 A summary of the recent case of Alabama Department of Revenue et al. v. CSX Transportation, Inc.
Rewarding high state taxes: An article on the public policy impact of Comptroller of the Treasury of Maryland v. Wynne By James Posluszny State and Local Taxation, April 2015 This case, recently argued before the U.S. Supreme Court, could have a profound impact on tax law.
Assessor Attorney, Representative, and Appraiser Meeting: 2015 Triennial Assessment By Thomas A. Jaconetty State and Local Taxation, March 2015 Thomas Jaconetty, Deputy Assessor, Valuation and Appeals in the Cook County Assessor Office, shares his report from the Assessor Attorney, Representative, and Appraiser meeting held on February 19th.
PTAB clarifies uniformity standards for income properties By Scott L. Ginsberg State and Local Taxation, February 2015 A summary of the recent decisions of Momence Community School District and JJS, Inc.
Cook County offers temporary tax incentive expansion By Joanne Elliott and Melissa Whitley State and Local Taxation, December 2014 A look at the qualifications, process, and the requirements that qualifying commercial and industrial properties located in Cook County must fulfill in order to be eligible for the new temporary tax incentive.
Recent Rule 23 opinions entered in real estate tax cases By Timothy E. Moran State and Local Taxation, November 2014 Recent cases of interest to tax practitioners.
The tax enforcement program that could put you out of business, a.k.a, to revoke or not to revoke? By Hon. Julie-April Montgomery State and Local Taxation, November 2014 What happens when your client does not protest the notice they received from the Department of Revenue pertaining to sales taxes owed and does not respond to demands for payment?
Case synopsis By Thomas M. Battista State and Local Taxation, October 2014 A discussion of the recent Illinois Appellate Court decision, BLTREIV3 CHICAGO, LLC, and FIVE TEN ILLINOIS III, LLC v. KANE COUNTY BOARD OF REVIEW.
Trusts no longer trapped by residency of grantor By Lauren Evans DeJong General Practice, Solo, and Small Firm, October 2014 Linn v. Department of Revenue is a taxpayer victory, as it now makes it possible for many trusts to escape Illinois income taxation due to the lack of nexus with the State of Illinois.
Chicago Bears Football Club v. The Cook County Department of Revenue, 2014 IL App (1st) 122892 By Scott L. Ginsburg State and Local Taxation, September 2014 The Illinois Appellate Court recently found that the Chicago Bears Football Club (the “Bears”) owed an amusement tax delinquency in the amount of $4,135,184.68 as related to the amenities included in club level seats and luxury suites. As of September 10, 2014, the Bears have filed a Petition for Leave to Appeal with the Supreme Court of Illinois.
The Illinois State Equalization Factor (Tax Multiplier) By Michael Reynolds State and Local Taxation, August 2014 The author attempts to explain this confounding and oft-misunderstood aspect of tax calculation.
Property tax exemption denied for senior housing facility By John G. Locallo and Vesna Marusic State and Local Taxation, August 2014 At issue in Meridian Village Association v. Hamer was whether a senior housing facility qualified for property tax exemption based on charitable and religious uses of the property.
Streamlined Offshore Disclosure for U.S. residents By James Creech International and Immigration Law, August 2014 The IRS has made some signification changes to offshore disclosure as part of the Foreign Account Compliance Tax Act reporting that went into effect July 1, 2014. 
Legislation passed both chambers spring 2014 and fall 2013 State and Local Taxation, July 2014 Recent legislation of interest to state and local tax practitioners.
Streamlined Offshore Disclosure for U.S. residents By James Creech Federal Taxation, July 2014 The IRS has made some signification changes to offshore disclosure as part of the Foreign Account Compliance Tax Act reporting that went into effect July 1, 2014.