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  Tax - Legal News


A state appeals court says a Catholic congregation's stations of the cross display didn't qualify for a property tax exemption in 2014.

The St. Raphael's Congregation built the display in 2012 on the Madison property where the St. Raphael Cathedral once stood. The cathedral burned down in a 2005 fire.

The congregation sought a property tax exemption for tax year 2014, arguing state statutes at that time granted such exemptions on property necessary for locating church buildings.

A Madison judge denied the exemption. The 4th District Court of Appeals upheld that ruling Thursday, finding that a building must exist to trigger the exemption.

Legislators amended the statutes earlier this year to extend the exemption to property that churches intend to use for buildings to replace buildings destroyed by fire.



The Latest: Senate panel approves tax overhaul bill

  Tax  -   POSTED: 2017/11/17 16:36

Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.

At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.

Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.

He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."

Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.

At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.

Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.

He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."



Ohioans lost the right Friday to appeal disputed tax decisions directly to the state’s high court, a scarcely debated policy change that critics say will have sweeping consequences for businesses, individuals and governments.

The Ohio Supreme Court advocated for and defends the change, arguing it was necessary to lighten its docket of a flood of market-driven property tax disputes and to preserve its role as arbiter of the state’s most significant legal questions.

Administrative Director Mike Buenger said the Supreme Court is intended to deal with categories of cases that are of great statewide public importance or of constitutional magnitude.

“We started looking at these cases because there was concern by the court that many of them presented basic disputes over mathematic valuations and calculations, and often little more than that,” he said. “With limited exception, these cases did not present great questions of statewide importance.”

A court analysis found that only 14 of the 152 appeals of Ohio Board of Tax Appeals decisions the court was compelled to accept in 2014 involved matters of law appropriate for the high court’s attention.

Justices took their concerns to the Ohio Senate, which quietly slipped language into the state budget bill signed in June removing the court’s obligation to accept direct tax appeals - an option since 1939 - and sending them through the appellate courts first.

Business groups pushed back, arguing that sending tax appeals through regional appellate courts would add costs, inconsistency and competitive disadvantages to Ohio’s tax system.

“The impact will be extremely negative. Over time, it will erode the uniformity of the tax code in the state of Ohio,” said Tom Zaino, a Columbus tax attorney and former state tax commissioner under Republican Gov. Bob Taft. “It’s going to be equally bad for government as it is for taxpayers.”

Zaino said his business tax clients often have more than one location and eliminating direct Supreme Court appeals will lead to decisions that are applicable in only one part of the state, to some but not all of a business’ properties or to one competitor but not another.


A court has ruled that pay-television giant DirecTV owes South Carolina nearly $15 million because of the way the company calculates its tax bill in the state.

The Post and Courier of Charleston reports the South Carolina Court of Appeals found that DirecTV revised its returns to the Department of Revenue in a way that understated how much money it collected from customers in the state over several years. The decision issued Thursday upholds a lower court ruling from June 2015.

Taxes on more than $2 billion in South Carolina subscriber fees are at stake.

The California-based company, which was acquired by AT&T in 2015, could pay the money or appeal to the S.C. Supreme Court. A DirecTV spokeswoman says the company is reviewing the court decision.



Cristiano Ronaldo told a Spanish judge Monday that he has "never tried to avoid taxes."

The Real Madrid forward, who is from Portugal, was questioned to determine whether he committed tax fraud worth almost 15 million euros ($17.5 million). Ronaldo spent more than 90 minutes answering the questions of investigating judge Monica Gomez.

According to a statement released by his public relations firm, the 32-year-old Ronaldo told the judge: "I have never hidden anything, and never tried to avoid taxes."

Judge Gomez took Ronaldo's testimony as part of an investigation to determine if there are grounds to charge him. The session at Pozuelo de Alarcon Court No. 1 on the outskirts of Madrid was closed to the public because it is part of an ongoing investigation.

In June, a state prosecutor accused Ronaldo of four counts of tax fraud from 2011-14 worth 14.7 million euros ($16.5 million). The prosecutor accused the Portugal forward of having used shell companies outside Spain to hide income made from image rights. The accusation does not involve his salary from Real Madrid. Ronaldo denies any wrongdoing.

"Spain's Tax Office knows all the details about my sources of income because we have reported them," Ronaldo told the judge, according to his statement. "I always file my tax returns because I think that we should all file and pay our taxes.

"Those who know me know that I tell my consultants that they must have everything in order and paid up to date because I don't want trouble."

Both before and after his court appearance, Ronaldo used an alternative entrance to avoid a large swarm of more than a hundred journalists from Spain and aboard gathered near the main door to the court.

Court officials had said that either Ronaldo or his lawyer would speak to the media after he saw the judge, but instead the player's spokesman, Inaki Torres, stepped up to the temporary podium in front of the courthouse to announce that Ronaldo "was on his way home."

The prosecutor said in June that Ronaldo used what was deemed a shell company in the Virgin Islands to "create a screen in order to hide his total income from Spain's Tax Office."

The prosecutor accused Ronaldo of declaring 11.5 million euros ($12.8 million) earned from 2011-14 in a tax return filed in 2014, when the prosecutor said Ronaldo's real income during that period was almost 43 million euros ($48 million). It added that Ronaldo falsely claimed the income as coming from real estate, which "greatly" reduced his tax rate.

Idaho Supreme Court upholds grocery tax veto

  Tax  -   POSTED: 2017/07/19 22:21

The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.

The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.

Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.

However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.

"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.

Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.

For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.



Cristiano Ronaldo has been summoned to appear before a Spanish judge, and Jose Mourinho could be next. Ronaldo and Mourinho are the latest members of the soccer elite to be accused of tax fraud in Spain. Lionel Messi and Javier Mascherano, among others, have already been convicted.

On Tuesday, Ronaldo was told to appear in court on July 31, while Mourinho was accused by a state prosecutor of defrauding Spain's Tax Office of 3.3 million euros ($3.7 million).

Ronaldo, who is in Russia at the Confederations Cup with Portugal's national soccer team, has played in Spain for Real Madrid since 2009. The 54-year-old Mourinho was Real Madrid coach from 2010-13. He now is the coach of English club Manchester United.

The cases are about the profits made from image rights, not salaries from their clubs. Real Madrid and Man United are not directly involved.

Both Ronaldo and Mourinho are represented by Portuguese agent Jorge Mendes. Atletico Madrid striker Radamel Falcao and Real Madrid defender Fabio Coentrao, who have also been accused of tax fraud in Spain, are also clients of Mendes. A request for comment from Mendes' agency, Gestifute, was not immediately answered.

Last week, Ronaldo was accused by a state prosecutor of four counts of tax fraud totaling 14.7 million euros ($16.5 million). The Portugal forward is now under official investigation and will have to appear in the Pozuelo de Alarcon court No. 1 on July 31. A judge will then decide if they are grounds to charge him with a crime.

The prosecutor said last Tuesday that there was evidence that Ronaldo used a shell company in the Virgin Islands to hide the money he had made from image rights. Ronaldo has denied any wrongdoing.

The accusations against Ronaldo have caused speculation in Portugal and Spain that he is now considering leaving the country to play elsewhere.

The summoning of Ronaldo coincided with the same Madrid-based prosecutor's office accusing Mourinho of two counts of tax fraud.


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