Category Archives: Judicial Decisions

Subscribe to Judicial Decisions RSS Feed

Mississippi Governor Announces Special Session for June 5

Mississippi Governor Phil Bryant announced Tuesday afternoon on Facebook that he would call a special session of the Mississippi Legislature to begin June 5. The 2017 regular session ended earlier this year without having approved 2018 fiscal year budgets for the Department of Transportation or the Attorney General’s office, and the special session is intended … Continue Reading

Fletcher and Mantle Quoted in Law360

John Fletcher and Matt Mantle were quoted in the Law360 article, “Taxing Remote Vendors Politically Safer Than Tax Hikes.” John cautioned that any ruling in favor of state revenue departments regulating remote retailers has implications beyond the tax area saying, “If under the due process clause, they can get somebody out of state and turn … Continue Reading

Mississippi Lt. Governor: Use Tax Remote Seller Collection Bill “Unconstitutional”, Expected To Die In Senate Committee

Mississippi Lt. Gov. Tate Reeves on Monday released a statement that H.B. 480 would not be acted on in the Senate, effectively killing the bill by not advancing it out of the Finance Committee by a February 28 legislative deadline. As previously reported, H.B. 480 would have required remote sellers with over $250,000 of sales … Continue Reading

UPDATE – Mississippi Use Tax Remote Seller Bill Advances; Jones Walker Attends Public Hearing on Related DOR Proposed Regulation

Remote use tax collection legislation advances. A Mississippi bill to require use tax collection by remote sellers passed the House of Representatives and was transmitted to the Senate on February 7. The bill, H.B. 480, would require out-of-state sellers lacking a physical presence in Mississippi to register and begin collecting use tax if their prior-year … Continue Reading

Senate Finance Committee Chairman Orrin Hatch Speaks on Tax Reform

On February 1, 2017, Senate Finance Committee Chairman Orrin Hatch (R-UT) delivered a speech at the U.S. Chamber of Commerce in which he reaffirmed that Republicans are committed to reforming the current tax system. Chairman Hatch noted that there is now an “administration that wants to work with Congress to fix the … problems in … Continue Reading

Tax Reform Q&A with Dr. Charles Boustany, former senior Member of the House Ways and Means Committee from Louisiana

What is a realistic time frame for tax reform to be considered by Congress, and will the public have a chance to comment on tax reform bills as they make their way through Congress? Comprehensive tax reform is a complex process and will take time and political capital for enactment into law. The House Ways … Continue Reading

Mississippi Moves Toward Factor Presence Nexus for Use Tax

Companion House and Senate bills and proposed new regulation would implement $250,000 “substantial economic presence” standard. Two bills have been introduced in the Mississippi Legislature to enact factor presence nexus standards to require certain foreign sellers to collect and remit Mississippi use tax. House Bill 480 and Senate Bill 2456, clearly aimed at internet sellers, … Continue Reading

Jones Walker LLP Launches Tax Reform Client Alert Series

Our Washington office, together with our tax professionals firmwide, will be working closely with the congressional tax-writing committees on tax reform legislation and are available to assist clients as necessary. Our client alert series will provide legal insight and timely content from our tax and government relations advisors. Sign up for our client alerts and … Continue Reading

Matt Mantle quoted in Bloomberg BNA regarding Louisiana law requiring parishes equal access to exemptions

State & Local Tax partner Matt Mantle was recently quoted in the Bloomberg BNA article “Louisiana Law Requires Parishes Equal Access to Exemptions,” regarding optional local-level exemptions in Louisiana and the recent Louisiana Supreme Court decision (Arrow Aviation Co, LLC v. St. Martin Parish, La., No. 2016-CA-1132, 12/6/16) addressing the issue of whether a pointed … Continue Reading

A “Quest” for Certainty—Court of Appeal Affirms Louisiana Was a “Location-of-Performance” State All Along

In Quest Diagnostics Clinical Laboratories, Inc. v. T.A. “Tim” Barfield, Jr., Secretary, Department of Revenue, State of Louisiana; and the State of Louisiana, Louisiana Court of Appeal, First Circuit, Docket No. 2015-CA-0926 (September 9, 2016), the Louisiana Court of Appeal, First Circuit recently confirmed that Louisiana was a “location-of-performance” state when sourcing service-based receipts for corporate income … Continue Reading

Mississippi Legislature Passes Corporate Franchise Tax Phase-Out, Income Tax Reductions

Late Monday evening, on April 18, 2016, the Mississippi House and Senate approved a conference committee report on Senate Bill 2858, known as the “Taxpayer Pay Raise Act of 2016”, to implement a ten-year phase out of the corporate franchise tax, and also to phase-in an individual and corporate income tax exemption on the first … Continue Reading

Mississippi Supreme Court Sends Half-Baked Assessment Back to the Kitchen

Mississippi Department of Revenue v. Hotel and Restaurant Supply Cause No. 2014-CA-01685-SCT (March 10, 2016) In Mississippi Department of Revenue v. Hotel and Restaurant Supply, the Mississippi Supreme Court on Thursday, March 10, 2016, upheld the reversal of a sales tax assessment levied against a vendor who failed to collect sales taxes on construction-related materials … Continue Reading

Louisiana Supreme Court to Hear Oral Arguments in Three Tax Cases in Back-to-Back Sessions on January 25th and 26th

It is somewhat rare for the Louisiana Supreme Court to entertain three tax cases in one year.  It is even rarer for the Court to hear three state and local tax cases in back-to-back sessions.  However, that is exactly what the Court will be doing! On January 25th and 26th, the Court will hear oral … Continue Reading

District Court Holds that Chemical Association has Standing to Declare Business Utilities Resolution Unconstitutional

On Monday, October 2, Judge Michael Caldwell of the Nineteenth Judicial District Court for the Parish of East Baton Rouge ruled that the Louisiana Chemical Association (the “LCA”) has standing to challenge the constitutionality of House Concurrent Resolution No. 8 (“HCR 8”). Specifically, the court found that the LCA is permitted to sue on behalf … Continue Reading

Mississippi Supreme Court Scuttles Use Tax Assessment on Yacht Purchase: Clarifies Different Rules of Construction and Burdens of Proof for Tax Exclusions versus Tax Exemptions

The Mississippi Supreme Court last week in Vincent J. Castigliola, Jr. v. Mississippi Department of Revenue, No. 2013-SA-001574-SCT (April 30, 2015), reversed a lower court judgment which had upheld the Department of Revenue’s imposition of use tax upon the out-of-state purchase of a yacht by a Mississippi resident. In doing so the Court provided taxpayers with very … Continue Reading

First Circuit Declines Second Bite at Utelcom Apple

On Friday, the Louisiana First Circuit Court of Appeal issued its highly-anticipated opinion in Cynthia Bridges, Secretary, Department of Revenue v. Polychim USA, Inc.  In Polychim, the First Circuit considered whether the district court properly granted summary judgment in favor of the Louisiana Department of Revenue  (the “Department”) in its holding that Polychim was subject … Continue Reading

Mississippi Court Finds State Income Tax Dividend Exclusion Statute Unconstitutional

The Hinds County Chancery Court on March 20th invalidated the nexus-based restrictions contained within Mississippi’s dividend exclusion statute, finding the provisions violated the Commerce Clause. A copy of the Court’s Order can be found here. The Mississippi Department of Revenue and the taxpayer, AT&T, had stipulated that the statute, Miss. Code Section 27-7-15(4)(i), exempts from a … Continue Reading

Louisiana Supreme Court Flushes Court of Appeal’s Pot-O-Gold Decision and Limits Scope of “Gross Proceeds” in Lease Tax Case

In our prior post on the case of Pot-O-Gold Rentals, LLC  v. City of Baton Rouge, we noted that we were hoping the Louisiana Supreme Court would hear this case in order to “clean up the mess” regarding the reach of the Louisiana lease tax and the scope of taxable “gross proceeds” (a term which … Continue Reading

It Slices, It Dices: the Equifax Blade Cuts Both Ways.

The Hinds County Chancery Court recently ruled that the Mississippi Supreme Court’s widely-discussed decision in Equifax, Inc. v. Mississippi Department of Revenue is a double-edged blade and, much to the Department of Revenue’s chagrin, cuts sharply in both directions.  Miss. Dept. of Rev. v. Hotel and Restaurant Supply, Civil Action No. G2013-820 S/2, Hinds County Chancery … Continue Reading

Is the Commerce Clause’s “Goods-in-Transit” Doctrine Off of the Menu?

Two recent decisions have addressed whether ad valorem tax can be imposed on stored natural gas, for use outside of the taxing state. See ETC Mktg, Ltd. v. Harris County Appraisal Dist., 01-12-00264 (Tex. Ct. App. 2014); In re Various Applicants for Exemption from Prop. Tax., 313 P.2d 789, 799 (Kan. 2013), cert. denied Missouri Gas Energy v. Kansas, … Continue Reading

A New Pot-O-Gold? Louisiana First Circuit Tries to Expand Scope of “Gross Proceeds” in Louisiana Lease Tax Case

Well, I guess in these leaner economic times state and local tax collectors are willing to look for “gold” anywhere! On September 17, 2014, the Louisiana First Circuit Court of Appeal held in the case of Pot-O-Gold Rentals, LLC  v. City of Baton Rouge that a taxpayer’s waste removal services were taxable as part of … Continue Reading

Louisiana Adds More SALT to the Louisiana Legal Gumbo: Tax Fraud and Economic Substance Doctrine Discussed at Louisiana’s Highest Court

Something new has been cooking in the Louisiana tax law kitchen! The Louisiana Supreme Court was recently asked to entertain the separate ideas of fraud and, for the first time, the economic substance doctrine in deciding a tax case in the State.  Louisiana is certainly used to heat (as can be seen by its food … Continue Reading

Mississippi Supreme Court Invalidates Restrictive Regulation on Pollution Control Equipment Sales Tax Exemption

Mississippi taxpayers are seeing green! On August 7, 2014, the Mississippi Supreme Court invalidated a sales and use tax regulation in Mississippi Department of Revenue v. Mississippi Power Company, No. 2013-CA-01234-SCT (Miss. Aug. 7, 2014). In that case, the Mississippi Department of Revenue (the “MDOR”) attempted to impose more restrictive requirements in the regulation,  Miss. Reg. 35.IV.7.03(302), than the terms … Continue Reading
LexBlog