Illinois circuit court: complete liquidation proceeds are non-business incomeBy Garland Allen, Louise Calvert, & Reena KhoslaState and Local Taxation, June 2001On January 24, 2001, reversing an administrative decision of the Illinois Department of Revenue ("IDOR"), the Circuit Court of Cook County held that gain recognized on a complete liquidation was non-business income, notwithstanding Illinois' adoption of the "functional test" of business income. Blessing/White, Inc., et al., No. 99 L 51087.
The Illinois training expense credit: what next?By Garland Allen & Kathryn MichaelisState and Local Taxation, June 2001The Illinois training expense credit has been the subject of much controversy over the past five years. From 1995 through 2000, the Illinois Department of Revenue (the "Department") and taxpayers have disagreed on whether a 1995 regulation that expanded the scope of the credit was to be applied retroactively or prospectively.
From the editorsState and Local Taxation, April 2001The State and Local Taxation Section has developed a list of useful Web sites to assist you in your daily practice of state and local tax law.
Recent changes to the Indemnity Fund ActBy Timothy E. MoranState and Local Taxation, April 2001In 1969, the Illinois General Assembly passed the state's first Indemnity Fund Act in response to well-publicized instances of homeowners losing their property under circumstances found to be unconscionable.
Recent developmentsState and Local Taxation, April 2001The following issues were raised on appeal: (1) whether the subject property qualified as an educational facility pursuant to the statute: (2) whether the DOR's denial and revocation of tax-exempt status violated the petitioner's due process rights: and (3) whether the DOR's procedure for reviewing exemption revocation complied with the Administrative Procedure Act.
Did you know?By Allen L. LandmeierState and Local Taxation, February 2001There are more than 6835 units of local government in the state of Illinois. Pennsylvania, the second state in line, has approximately 5135.
Size really does matter: a parody on the recent Illinois Supreme Court decisions on the Single Subject RuleBy Iamin T. RoublenowState and Local Taxation, February 2001After weeks of failing to make heads or tails out of the recent Illinois Supreme Court decisions on the Single Subject Rule, this author, in a rare moment of enlightenment, was finally able to reconcile these decisions by concluding that "size really does matter."
Don’t be used by the great unknown—use taxesBy Julie-April MontgomeryState and Local Taxation, January 2001You've just received a notice from the Illinois Department of Revenue asking for use tax on the bedroom suite you received last year as the result of a catalog purchase from an East Coast company.
ISBA State and Local Taxation Section Council minutes from meeting of May 19, 2000State and Local Taxation, January 20011. Joanne Elliot, Stan Kaminski, Tim Moran, Bob Barr, Tom Battista, Jim Chipman, Mary Ann Connelley, Mark Davis, Jim Geraghty, Tom Jaconetty, John Locallo, Lisa Marino, Tom McNulty, April Montgomery, Mary Nicolau, John Norris, Bill Seitz, Iris Sholder, Rodney Slutzky, and Judge Alexander White.
Taxes affecting municipalitiesBy Timothy P. DwyerState and Local Taxation, January 2001Earlier this year local government officials were busy sharpening their pencils in an effort to tweak every source of income to fund everyday costs.
ISBA State and Local Taxation Section Council minutes from meeting of April 7, 2000State and Local Taxation, July 20001. In attendance at the meeting in Springfield were: Joanne Elliot, Stan Kaminski, Tim Moran, Mark Davis, Jim Chipman, Mary Ann Connelley, Lisa Marino, Mary Nicolau, Dwight O'Keefe, John Norris, Bill Seitz, Iris Sholder, and Dwayne Staats. John Locallo was present via phone link.
What is fair market value? Some thoughts for the multi-state practitionerBy Thomas A. JaconettyState and Local Taxation, June 2000Most real property tax assessment systems are based upon a consideration of "fair market value," "market value," "true value," "fair cash value" or some such similar concept.
The Illinois Supreme Court strikes blow against the single subject rule in tax casesBy Stanley R. KaminskiState and Local Taxation, May 2000In Arangold Corp. v. Zehnder, No. 95 L 50989 (4/9/98), the Illinois circuit court struck down Public Act 89-21 (containing the Illinois Tobacco Tax) finding that Public Act contained multiple discordant provisions in violation of the Illinois Constitution's "Single Subject Rule."
Thoughts on the MDPBy John Locallo & Thomas M. BattistaState and Local Taxation, May 2000Multidisciplinary Practice ("MDP") is the most important issue affecting our profession. Indeed it may be the most significant issue facing the legal profession in decades.
1999 legislative synopsisBy Timothy E. Moran & Stanley R. KaminskiState and Local Taxation, February 2000
Multidisciplinary practices—Just say no to “one-stop shopping”By John K. NorrisState and Local Taxation, January 2000Until recently at the American Bar Association annual meeting held in Atlanta in August 1999, the ABA gleefully bounded towards fostering Multidisciplinary Practices, or MDP's as they are commonly referred to in jargon.