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US Supreme Court lets Equifax tax ruling stand
Recent Court Cases |
2014/07/01 14:45
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The U.S. Supreme Court said Monday that it won't hear an appeal from credit bureau Equifax Inc. involving what it considered an adverse tax ruling in Mississippi.
The appeal was a reaction to a 2013 Mississippi Supreme Court decision that Equifax had to prove that it didn't earn any taxable income in the state. The state Department of Revenue examined Equifax's income and allocated some to Mississippi, ruling it owed taxes and penalties.
The Mississippi court upheld the Revenue Department's calculation of the company's taxes based on revenue earned in Mississippi, thus increasing its tax liability from zero to over $700,000, according to court documents.
The Council on State Taxation, Georgia Chamber of Commerce and The Institute for Professionals had filed "friend of the court" briefs in the case.
Lawmakers responded during the 2014 session by passing a law to change how the state collects taxes.
A key part of the law could make it harder for the state to rule that multistate corporations are paying too little in taxes to Mississippi. It says the Department of Revenue would have to present clear and convincing proof before it could reallocate how a company splits its income among states, and only do so in "limited and unique, nonrecurring circumstances."
The Department of Revenue estimates all changes in the law, including a phase-in of lower interest rates for overdue taxes, will cost Mississippi $100 million a year. |
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Court: BP must pay Clean Water Act fines for spill
Recent Court Cases |
2014/06/06 16:39
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The owners of the blown-out Macondo well cannot avoid federal fines for the 2010 oil spill by blaming another company's failed equipment, a federal appeals court ruled Wednesday.
The oil came from a well owned by BP and Anadarko Petroleum Corp., so they are liable, the 5th U.S. Circuit Court of Appeals said. It upheld a 2012 ruling by U.S. District Judge Carl Barbier, who has scheduled a trial in January to help decide how much the oil giant owes in federal Clean Water Act penalties.
"We hope the court's decision will be one more step toward reaching a just conclusion for the American people," U.S. Justice Department spokesman Wyn Hornbuckle said in an email.
Transocean Ltd., which owned the Deepwater Horizon drilling rig and the blowout preventer, pleaded guilty last year to a misdemeanor Clean Water Act violation and agreed to pay a $1 billion fine.
Anadarko is reviewing Wednesday's ruling and its options, spokesman John Christiansen said in an email.
Loyola University law professor Blaine LeCesne said he doubts Anadarko will have to pay much, if anything, in Clean Water Act fines because its partnership gave BP complete control over how the well was drilled and run. In 2011, Anadarko agreed to pay BP $4 billion. BP said that payment would be part of its $20 billion fund to compensate people and businesses hurt by the spill. |
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Court: Bloggers have First Amendment protections
Recent Court Cases |
2014/04/14 16:55
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A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.
The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.
The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.
Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.
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Texas school finance case heads back to court
Recent Court Cases |
2014/04/14 16:55
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Nearly a year after determining the system Texas uses to finance public education is unconstitutional, a state judge is set to hear new testimony beginning Tuesday on whether more money and fewer standardized tests have adequately improved the balance for students in rich and poor areas.
During the second round of the state's much-watched school finance trial, Judge John Dietz is weighing whether actions the Texas Legislature took this past summer will alter his February 2013 decision. Testimony is expected to last at least three weeks.
Lawmakers increased funding for schools by $3.4 billion, a rate far lower than the increase Dietz had suggested, while cutting the number of standardized tests students must pass to graduate high school from a nation-leading 15 to five.
The original case was built on the Legislature's 2011 cuts of $5.4 billion in classroom funding. That prompted more than 600 school districts responsible for educating two-thirds of the state's 5 million-plus public school students to sue, claiming the funding reductions violated the Texas Constitution's guarantees to an adequate education.
They also argued that the "Robin Hood" finance system _ where school districts in wealthy areas share their local property-tax revenue with those in poorer parts _ meant funding was distributed unfairly.
Dietz's initial ruling sided with them, but was only made verbally. He has yet to submit a full, written opinion. Arguing on behalf of the state is Texas Attorney General Greg Abbott's office, which is expected to appeal the written decision to the state Supreme Court. |
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3 California men plead guilty in alleged pot grow
Recent Court Cases |
2014/04/14 16:54
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Three Northern California men are each facing up to ten years in prison after pleading guilty to charges that they damaged federal conservation land while allegedly growing marijuana.
Prosecutors say Chou Vang, Vang Pao Yang and Pao Vang, all of Eureka, each entered their pleas in federal court in San Francisco on Tuesday to one count of willful injury to federal property.
The men were accused of clearing away trees and vegetation, using fertilizers, and failing to properly dispose of trash while growing pot in the summer of 2012 in the King Range National Conservation Area along California's Lost Coast. The area provides habitat for four federally-listed threatened species, including Chinook and Coho salmon.
As part of a plea deal, prosecutors say they dropped marijuana cultivation charges. The men are scheduled to be sentenced in July. |
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