2007 Articles

The 7 percent tax cap & other relief measures of Public Act 644 By John K. Norris November 2007 Any discussion of tax relief and homeowner exemptions cannot be adequately held without first providing some background information on how Illinois arrived at the current state of the law.

95th General Assembly: Governor Actions By William Seitz October 2007 New laws signed by the Governor.

Illinois Appellate Court affirms Department of Revenue’s business income and net proceeds positions By David J. Kupiec June 2007 In Mead Corp. v. Illinois Department of Revenue, No. 1-03-1160 (Ill. App.Ct., 1st Jud. Dist), the Illinois Appellate Court held that for Illinois income tax purposes the gain from the sale of certain property at issue in that case was business income apportionable to Illinois.

Intangible holding companies under increased fire by state taxing agencies By Stanley R. Kaminski December 2007 Massachusetts has now joined the growing list of states asserting taxable nexus (i.e., jurisdiction) over Intangible Holding Companies (“IHCs”). See, Geoffrey, Inc. v. Commissioner of Revenue, Mass. App. Tax Board, C271816 (July 24, 2007).

Letter from the Chair: Welcome to the 2007-08 State and Local Tax Section By Karen Dimond July 2007 As the incoming 2007-08 section chair, I want to welcome you to membership in the State and Local Tax Section.

A new franchise tax amnesty and some major changes to the Illinois income tax signed into law By Stanley R. Kaminski September 2007 By the Governor’s signing of SB 1544 ( now Public Act 095-0233), Illinois has enacted MAJOR changes to its Income Tax, as well as instituted a new Franchise Tax Amnesty and made a small change to its sales tax.

A note from the Co-Editor By Mary Ann Connelly December 2007 A message from Editor Mary Ann Connelly.

A note from the Co-Editor By Mary Ann Connelly November 2007 This edition of Tax Trends features a summary of Public Act 644, the “7 percent tax cap,” by Section Council Member John Norris.

A note from the Co-Editor By Mary Ann Connelly October 2007 This edition of Tax Trends features a summary of the 95th General Assembly legislative bills that were signed by the Governor.

A note from the Co-Editor By Mary Ann Connelly September 2007 Please be advised that the Property Tax Appeal Board is hosting a Practitioners’ meeting.

A note from the Co-Editor By Mary Ann Connelly August 2007 This edition of Tax Trends features four case synopses by Co-Editor Stanley R. Kaminski.

A note from the co-editor By Mary Ann Connelly July 2007 This edition of Tax Trends features four case synopses by Timothy E. Moran, Section Council Member of State and Local Taxation.

A note from the co-editor By Stanley R. Kaminski June 2007 An introduction to the issue from Editor Stan Kaminski.

A note from the co-editor By Mary Ann Connelly May 2007 This edition of Tax Trends features case summaries of property tax cases.

A note from the co-editor By Mary Ann Connelly & Stanley R. Kaminski April 2007 This edition of Tax Trends features the second part of the two articles on the Provena decision by the Illinois Department of Revenue.

A note from the co-editor By Stanley R. Kaminski February 2007 This edition of Tax Trends features the first of two articles on the Provena decision by the Illinois Department of Revenue.

A note from the co-editor By Stanley R. Kaminski January 2007 An introduction to the issue from Co-Editor Stan Kaminski.

Questions and answers for 2006 / 2007 IDOR Practitioners’ Meetings January 2007 Note: The answers by the Department of Revenue to the questions are not to be relied upon by taxpayers in lieu of a Private Letter Ruling and are not the kind of written information upon which a taxpayer may rely to request an abatement under the Taxpayer Bill of Rights.

Recent Case Update from the June 2007 State and Local Tax Council Meeting By Stanley R. Kaminski August 2007 At the June meeting of the ISBA’s State and Local Tax Council, a report on new tax cases was presented by Judge White.

Recent decisions in real estate tax cases By Timothy E. Moran July 2007 Taxing districts filed petitions to intervene in certain tax objection cases brought by property owners seeking refunds of property taxes paid.

Recent developments in real property taxation; procedural By Elizabeth M. Allen May 2007 Facts- Plains maintained crude oil inventory in Midland County. Plains purchases, collects and stores oil in tank farms before delivery. It does not manufacture oil.

Revenue Department: No charitable exemption for Provena Covenant Medical Center By Fred Lane February 2007 The Illinois Department of Revenue recently issued a decision which could affect the property tax status of hospitals and nursing homes throughout the state.

A review of the 26th Annual State and Local Taxation Conference of the National Conference of State Tax Judges By Judge Alexander P. White December 2007 The 26th Annual State and Local Taxation Conference of the National Conference of State Tax Judges (NCSTJ) convened on September 27-29, 2007, in Cambridge, Massachusetts. Fifty state tax judges convened at the Sheraton Commander Hotel, two blocks from the headquarters of the Lincoln Institute, which is located on Brattle Street, in a mansion located next to the Henry Wadsworth Longfellow Museum and two blocks from Harvard Yard.

The role of attorney-accountants in administrative state and local tax proceedings By Julie-April Montgomery September 2007 Your company just received a sales tax notice of tax liability from the Illinois Department of Revenue for hardware sold to a Chicago company along with the lease of various software packages that are both customized and canned.

The saga of LexisNexis By Hon. Alexander P. White June 2007 In 1968, a decision was made by Mead Paper Company (“Mead”), headquartered in New York City, to expand its paper production and written communication operations to include the electronic transfer of information.

The taxman cometh By Julie-April Montgomery August 2007 The following outline was originally presented at the ISBA May 24, 2007 seminar.

The vital supplements of “S.A.L.T.” (state and local tax) By Julie-April Montgomery January 2007 Are there consequences to paying taxes late?

What is “charity care”: Qualifying for property tax exemptions By William Seitz April 2007 Nonprofit healthcare institutions have historically qualified for a 100 percent property tax exemption as “charitable institutions” under section 15-65 of the Property Tax Code.