Publications

Section Newsletter Articles on Taxation

Letter from the editor By James Creech Federal Taxation, April 2016 A message from Editor James Creech.
Sales and Excise Tax 2015-2016 State and Local Taxation, April 2016 New rules related to sales and excise taxes.
Sales and income tax Q and A’s State and Local Taxation, April 2016 Two questions recently posed to the IDOR and their responses.
The worst call I have ever had with the IRS… and how the agent redeemed himself By James Creech Federal Taxation, April 2016 The author recalls a recent conversation with an agent of the IRS.
Estate of Stuller v. United States: Some lessons for horse-breeding farms By Colin Walsh Federal Taxation, March 2016 A close reading of this case uncovers some important insight regarding the need to consult with experts and who qualifies as such.
Office of the Cook County Assessor Attorney, Representative and Appraiser Meeting—February 25, 2016 By Thomas A. Jaconetty State and Local Taxation, March 2016 The presentation given by Thomas Jaconetty, Deputy Assessor, Valuation and Appeals in the Cook County Assessor Office, on February 25, 2016.
Tax scams hit home By Kathryn Garlow Federal Taxation, March 2016 Tips and suggestions to help your client avoid scams.
Tax scams hit home By Kathryn Garlow Business Advice and Financial Planning, March 2016 Tips and suggestions to help your client avoid scams.
2015 year in review—2015 tax organizer supplement By Paul A. Meints Trusts and Estates, February 2016 News and recent information to keep you up to date.
Facts about the Disabled Veterans Homeowner Exemption State and Local Taxation, February 2016 There may be some concern that disabled veterans are possibly not receiving their exemptions.
IDOR 2016 Annual Practitioner’s Meeting on March 11, 2016 State and Local Taxation, February 2016 Save the date for the Annual IDOR practitioners meeting.
Comptroller of the Treasury of Maryland v. Wynne—The Supreme Court’s decision and its fallout By Stanislaw Balazia State and Local Taxation, January 2016 The ruling potentially affects thousands of other cities, counties and states with similar tax laws and could redefine how residents can be taxed by cities, counties and states in the future.
Judicial review of tax objection settlements: Adequate representation of the public interest By Thomas J. McNulty State and Local Taxation, December 2015 The recent case of Taxpayers: 101 East Crossroads LLC v. Weber has invited the court to consider the issue of adequate representation by the state’s attorney in a tax objection settlement.
Potential impact of hospital tax exempt status on local government entities By Laine Sutkay Local Government Law, December 2015 Some local government practitioners may not be aware that hospital tax exempt status is in question throughout the state, raising the issue of whether hospitals owe taxes to anyone, including the portion that benefits local government entities.
Revisiting United States v. Boyle in the e-file era By Colin Walsh Federal Taxation, December 2015 Because many tax returns must now be electronically filed, the precedential weight of Boyle is in question.
Treasury simplifies reporting under Internal Revenue Code 83(b) By Brian T. Whitlock Federal Taxation, December 2015 On July 16, 2015, Treasury issued proposed regulations under 1.83-2 which now eliminate the requirement that the election be attached to IRS Form 1040. The rule applies to property transferred on or after January 1, 2016, but it may be relied upon for property transferred after January 1, 2015.
Illinois EDGE credits By Keith Staats State and Local Taxation, November 2015 In light of the recent discussions regarding the EDGE credit, author Keith Staats reviews the statutory basis of the credit and how the credit has been utilized since the enactment of the credit in 1999.
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.