Podcasts about bloomberg tax

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Best podcasts about bloomberg tax

Latest podcast episodes about bloomberg tax

Ten Across Conversations
The Water We Have: Data Centers, Growth, and the Colorado River Basin with Sarah Porter

Ten Across Conversations

Play Episode Listen Later Jun 18, 2026 48:23


As water scarcity intensifies across the Colorado River Basin, public attention has increasingly focused on data centers, AI, and the growing demand for resources in the Sun Belt. But are these technologies really driving the region's water challenges—or is the story more complicated?In this episode of Ten Across Conversations, host Duke Reiter speaks with water policy expert Sarah Porter about the realities behind water use in the American West. Porter explains why shortages on the Colorado River are rooted as much in decades of over-allocation and management decisions as in climate change, and why common assumptions about population growth, urban development, and industrial water consumption often miss the mark.The conversation explores the rise of data centers, the public concerns surrounding their water and energy demands, and the challenges communities face in balancing economic development with long-term resilience. Porter also offers a candid assessment of Arizona's water future, the difficult choices ahead, and why protecting groundwater, improving efficiency, and developing new water supplies will be critical for sustaining growth in an increasingly arid region.A thoughtful and timely discussion about water, technology, public perception, and the decisions that will shape the future of the Ten Across geography. Relevant Articles and Resources  The Kyl Center for Water Policy at the Morrison Institute Arizona Water Blueprint Report: From Copper Cattle and Cotton to Chips and Cloud Computing: Large Water Uses in Central Arizona. (Kyl Center for Water Policy. February 2026) Arizona Becomes Bellwether In Debate Over Data Centers' Growing Demand Of Power And Water. (International Business Times. June 18 2026) Arizona Data Center Tax Incentive Pause Signed by Governor Hobbs. (Bloomberg Tax. June 15 2026)Tensions Are Rising Among States That Rely on the Colorado River. (New York Times. June 15, 2026)Groundwater supplies in the Colorado River basin are falling fast. Is there a solution? (WBUR. June 15, 2026) What's more important, Arizona, building houses or water? (Rhett Larson for The Arizona Republic, May 2026) Relevant Ten Across Conversations Podcasts Why 2026 Will Decide the Future of Water in the West, with Rhett Larson (June 4, 2026) The Hard Decisions Ahead for Lower Basin Colorado River States with guest Terry Goddard (December 5, 2025)Latest Deadpool Projections Inject New Urgency into Colorado River Negotiations with guests Kathryn Sorensen and Sarah Porter (September 19, 2025)Understanding Groundwater Risks in the Southwest with Jay Famiglietti (June 6, 2025) Checking in on Tense Colorado River Negotiations with Anne Castle and John Fleck (April 10, 2025) Episode Credits  Host: Duke ReiterAudio Production: Louie DuranResearch and support provided by: Kate Carefoot, Rae Ulrich, and Sabine Butler 

Minimum Competence
Legal News for Tues 6/9 - SCOTUS Vacates Biden Gas-appliance Reg, Campaign to Overrule Obergefell, WH Ballroom Suit Sprints Toward SCOTUS and the Poorly Draft SALT Cap

Minimum Competence

Play Episode Listen Later Jun 9, 2026 8:49


This Day in Legal History: The Burning of the GaspeeOn this day in 1772, a Royal Navy revenue schooner called HMS Gaspee, captained by a notably overzealous Lieutenant William Duddington, ran aground in shallow water in Narragansett Bay while chasing a Rhode Island packet boat called the Hannah. Within hours of the grounding, roughly sixty Providence merchants, sailors, and “Sons of Liberty” — led by John Brown, one of the wealthiest men in the colony — rowed out under cover of darkness in eight longboats, boarded the Gaspee, shot Duddington, and burned the ship to the waterline. The legal significance lies in what came next. The Crown convened a Royal Commission of Inquiry with authority to ship the perpetrators across the Atlantic for trial in England, bypassing colonial juries entirely, a procedural maneuver that the colonies read as a direct attack on the right to jury trial in the vicinage.The Virginia House of Burgesses responded in March 1773 by forming the first Committee of Correspondence, a sustained intercolonial communication network that became, two years later, the institutional skeleton of the Continental Congress. The Gaspee Affair never produced a single prosecution — the commission could not get the colonial governor or the Rhode Island courts to cooperate, and witness testimony evaporated — but it produced something more durable: the colonial conviction that the Crown's willingness to detour around local juries was itself a constitutional grievance worth organizing against. The right-to-jury-in-the-vicinage point that Madison wrote into the Sixth Amendment seventeen years later is, in a real sense, the Gaspee Affair's longest-lived legacy.The Supreme Court on Monday granted, vacated, and remanded the D.C. Circuit's decision in American Gas Association v. Department of Energy, sending the long-disputed Biden-era Department of Energy efficiency rule on non-condensing residential gas furnaces and commercial water heaters back to the D.C. Circuit “for further consideration in light of the position asserted by the Solicitor General.” That last phrase is the operative one. The new Solicitor General, on behalf of the second Trump administration's DOE, told the Court in late April that the prior administration's reading of the Energy Policy and Conservation Act was, in DOE's current view, wrong, and that the rule effectively bans non-condensing units that millions of homes and small commercial properties were built around. A confessed-error from a new administration doesn't automatically win a case, but the procedural vehicle — a grant-vacate-remand, or “GVR” — is the Court's standard way of saying “go look at this again with the new posture in mind” without resolving the merits itself.The trade-group plaintiffs, led by the American Gas Association and the American Public Gas Association, framed the rule from the start as a de facto product ban dressed up as efficiency standards. The environmental and consumer groups that intervened to defend the rule will get another bite at the apple on remand, but their position is harder when their own client agency has switched sides. Watch the D.C. Circuit's case calendar over the next few weeks for an expedited briefing schedule.Supreme Court Vacates Decision Outlawing Gas Stoves, Water Heaters | NewsBustersSCOTUSblog on Monday published a careful overview of an increasingly organized litigation campaign to ask the Supreme Court to overrule Obergefell v. Hodges, the 2015 decision recognizing a constitutional right to same-sex marriage. The campaign now includes Liberty Counsel, MassResistance, and the Southern Baptist Convention, which last year voted overwhelmingly to urge the Court to reverse the decision. The underlying ground for the push is partly the Court's reasoning in Dobbs four years ago, which gave conservative litigants a road map for unwinding substantive due process precedents, and partly the gradual erosion of public-opinion support for same-sex marriage in one slice of the polling, with Republican support falling from 55 percent in 2022 to 37 percent now. The legal headcount at the Court is, however, the part of the story that is not yet there.Only Justice Thomas has been a consistent vote to revisit Obergefell, having said so in his Dobbs concurrence. Justice Alito, despite being one of Obergefell's original dissenters, recently emphasized in a public speech that he is not suggesting the case should be overruled, citing stare decisis. Justice Gorsuch's dissent in 303 Creative seems to concede that Obergefell is good law and tries instead to carve out specific exceptions to it. None of which is a reason for litigants on the marriage-equality side to relax. The path Dobbs opened up is wider than any single justice's current voting pattern, and the campaign is plainly playing a long game.The next round of test cases on standing and ripeness will start to surface in the lower courts in the next term or two — that is when the campaign's seriousness becomes measurable.The campaign to overrule Obergefell | SCOTUSblogThe third and most constitutionally significant story of the day is one we've been watching: the litigation over President Trump's $400 million ballroom — built on the site of the demolished East Wing — is on track to land in front of the Supreme Court, SCOTUSblog reported Monday. The D.C. Circuit panel that heard the case for more than two hours in late April has not yet ruled, but the questioning made clear that a more substantial opinion is coming and that an appeal to the Court is the likely next stop regardless of which side wins. The legal question is unusually fundamental. The plaintiff, the National Trust for Historic Preservation, argues that the President has no “free-floating” power to construct major federal buildings without an appropriation from Congress, and that the Antideficiency Act and the Public Buildings Act both require the kind of statutory authorization the East Wing ballroom never received.The administration's response, delivered in a tone that several court-watchers described as unusually defiant, has essentially been that construction has “gone too far to be stopped” and that the courts have no role in second-guessing a presidential building decision once the steel is up. The structural separation-of-powers questions here — what does the Appropriations Clause actually constrain, and can a federal court enjoin a President from continuing to build something that is partially constructed — are large enough that the Supreme Court will almost certainly want to take the case if it reaches the high court. Construction, meanwhile, continues. The most likely Supreme Court resolution is a narrow opinion on standing or remedies, with the broader Appropriations Clause questions deferred for another day. We will see.White House ballroom battle may soon arrive at the Supreme Court | SCOTUSblogIn my Bloomberg Tax column this week, I argue that the SALT deduction cap's biggest problem is not that it is unconstitutional, but that it is badly designed. The latest failed challenge, Sims v. United States, involved two New Jersey taxpayers who claimed the cap violated the 10th Amendment, the 16th Amendment, and broader federalism principles. The federal district court rejected those arguments, finding that Congress has broad authority to tax income and decide which deductions are allowed, limited, or denied. My point is that opponents of the SALT cap should stop looking for constitutional defects that courts are unlikely to find and instead focus on forcing Congress to fix the policy it created.I explain that the cap has always been politically loaded: supporters see it as a needed limit on a deduction that benefits many high-income taxpayers in high-tax states, while critics see it as a targeted attack on those states. But unfair or politically motivated tax policy is not automatically unconstitutional. The real weakness, I argue, is the cap's uneven design, especially the pass-through entity tax workaround. Many business owners can effectively get around the cap when state taxes are paid at the entity level, while wage earners, sole proprietors, and many individual taxpayers remain stuck behind it.That creates a serious mismatch: two taxpayers can live in the same state, earn similar income, and face similar state tax burdens, but receive different federal treatment depending on whether one has the right business structure. I argue that this kind of selective relief may be a more promising target for a narrower administrative or legal challenge than another broad constitutional attack on Congress's taxing power. Congress partly recognized the problem when it raised the cap from $10,000 to $40,000, but I note that the fix is temporary, only lightly indexed, and still leaves major structural problems in place. The marriage penalty remains especially glaring because married couples filing jointly do not receive double the cap available to similarly situated unmarried taxpayers.I also criticize the phaseout design because it can create cliffs or marginal-rate spikes that reward tax gamesmanship rather than sound policy. A better fix, in my view, would make the higher cap permanent, index it meaningfully, eliminate the marriage penalty, smooth out the phaseout, and require Treasury to rationalize the treatment of pass-through entity taxes. The lesson from Sims is that courts may uphold the SALT cap, but that does not make it good tax policy. If the cap is unfair, incoherent, or selectively porous, Congress owns that problem.SALT Deduction Cap Falls Short in Design, Not Constitutionality This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
Corporate Tax Disclosures Let Investors Peer Into the Black Box

Talking Tax

Play Episode Listen Later Apr 15, 2026 11:55


Investors are getting a lot more information about an area that's been a mystery in the past: What goes into companies' tax bills. The US, the European Union, and Australia all have new or forthcoming requirements for companies to publicly disclose more details about the makeup of their tax payments—especially where they're paying. That can help investors compare companies and shed light on instances where multinationals might be locating their profits in lower-tax countries to cut their payments. The new requirements are already forcing companies like Meta Platforms Inc., Merck & Co. Inc., and Caterpillar Inc. to disclose that they're making big tax payments in countries like Ireland and Switzerland that have long had a reputation as “tax havens.” Meta paid Ireland $567 million in income taxes last year, according to its first-ever disclosures as part of new US accounting requirements. Still, the different regions' rules differ significantly—in some ways they complement each other, but gaps in information remain. On this week's Talking Tax, Bloomberg Tax reporters Jorja Siemons and Michael Rapoport discuss the new sets of rules, how the new disclosures will play out, and how companies are responding to them and in some cases trying to get around them. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Accounting Firms Navigate Compensation as AI Tools Upend Work

Talking Tax

Play Episode Listen Later Apr 8, 2026 16:14


Artificial intelligence is putting accounting firm leaders on alert for workers well-versed in using and managing the new tools as the industry invests heavily in modernizing workflows. Firms should be staying attuned to the talent market and updating their salary structures accordingly to both attract early-career workers and retain staff looking to climb the ranks, according to Dominic Piscopo, founder of compensation data analytics firm Big 4 Transparency. They should also be having transparent conversations with their workers so compensation isn't a "black box." "Having transparency in those models and being willing to talk about it with people—not just have this very kind of cold process where a number is thrown out—can make all the difference, even if the number is exactly the same," Piscopo told Bloomberg Tax. Big Four accounting firms—EY, Deloitte, PwC, and KPMG—have started equipping staff with AI tools that promise increased efficiency and improved workflows. The new tech is prompting the industry at large to examine its workforce strategies and pricing models to stay competitive and attract talent. In this week's Talking Tax, Piscopo sat down with Bloomberg Tax reporter Jorja Siemons to discuss how firms and workers alike can navigate the current talent market. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
IRS Pivots to Fill Holes in Tax Filing Season After DOGE Cuts

Talking Tax

Play Episode Listen Later Apr 1, 2026 13:21


Time is running out to file your taxes to the IRS as the April 15 deadline approaches. But for the IRS, the work is only just beginning and it's off to a rocky start. Elon Musk's Department Government Efficiency in 2025 pressured about a quarter of the IRS's workforce to leave, and the agency is on its seventh leader in the span of a little over a year. The agency also managed during one of the longest shutdowns in US history and a presidential-mandated hiring freeze. That meant the IRS had to change direction for the 2026 filing season. IRS workers from the human resources and technology divisions were told they'd be helping out process tax returns—an unusual move for the agency. Customer service workers at the start of the season weren't fully trained and critical tax season tech also wasn't ready. Bloomberg Tax's Erin Schilling and Erin Slowey spoke with David Schultz about the implications of the decisions of DOGE and what that means for taxpayers. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
How Tax Administration Reforms Could Pass Congress This Year

Talking Tax

Play Episode Listen Later Mar 25, 2026 11:06


Lawmakers in both chambers of Congress are taking a closer look at a range of bipartisan IRS administration changes. House tax writers have advanced several pieces of legislation that would fix problems identified by taxpayer advocates and tax professionals. Some have become law. Senate Finance Committee lawmakers, meanwhile, recently introduced a large package that includes dozens of provisions that include digitizing more paper returns, providing more online information about refunds, and enhancing standards for tax return preparers. The interest in tax administration suggests there's a willingness among tax writers to try to take action—the key question is how. The two chambers' different approaches show an emerging disagreement over strategy. On this episode of Talking Tax, host David Schultz talks to Bloomberg Tax reporter Chris Cioffi about how a tax administration legislation has been taking shape, as well as the path forward in Congress. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Minimum Competence
Legal News for Tues 3/17 - Fed Courts Halt Vaccine Schedule Change, Fight Over WH Ballroom Continues, Breakdown of "SAVE America" Act, and CA Luxury Car Sales Tax Loopholes

Minimum Competence

Play Episode Listen Later Mar 17, 2026 9:41


This Day in Legal History: NAACP v. AlabamaOn March 17, 1958, the Supreme Court of the United States issued a landmark decision in NAACP v. Alabama, a case that reshaped constitutional protections for civil rights organizations. The dispute arose when the state of Alabama sought to compel the NAACP to disclose its membership lists as part of a legal proceeding. At the time, the NAACP was deeply involved in challenging segregation laws across the South, making its members vulnerable to retaliation and harassment. Alabama argued that it had the authority to demand these records under its corporate registration laws. The NAACP refused, asserting that disclosure would violate its members' constitutional rights.The case eventually reached the Supreme Court, where the central question became whether forced disclosure infringed on the freedom of association. Writing for a unanimous Court, Justice John Marshall Harlan II emphasized that privacy in group membership was essential to preserving lawful association. The Court held that Alabama's demand posed a substantial restraint on the ability of individuals to organize and advocate collectively. It recognized that exposure of members' identities could lead to economic reprisal, loss of employment, and even physical danger.Importantly, the Court grounded its reasoning in the Due Process Clause of the Fourteenth Amendment, incorporating First Amendment protections against state action. This marked a significant step in expanding constitutional safeguards for civil liberties at the state level. The ruling made clear that states could not use indirect means to suppress lawful advocacy groups. It also strengthened the legal foundation for future civil rights litigation during a critical period in American history.The decision in NAACP v. Alabama remains a cornerstone of First Amendment jurisprudence. It continues to influence cases involving anonymity, privacy, and the right to organize without undue government interference.A federal judge in Massachusetts has blocked the federal government's revised childhood vaccine schedule and paused related policy actions, finding the changes likely unlawful. The court concluded that the Department of Health and Human Services departed from longstanding, science-based procedures when issuing the new recommendations. Central to the ruling was the government's apparent sidestepping of the Advisory Committee on Immunization Practices (ACIP), a key expert body that has historically guided vaccine policy.The judge rejected the argument that the health secretary has near-total discretion over vaccine decisions, emphasizing that such authority is still constrained by statutory and procedural requirements. He underscored that courts can review agency actions, particularly when they appear to ignore scientific standards or established processes. The opinion was especially critical of the administration's position that its vaccine guidance was not subject to judicial review, noting that the recommendations carry real legal and practical consequences.The revised schedule itself had scaled back universal recommendations for several vaccines, instead limiting them to certain groups or requiring consultation with a doctor. The court found that these changes could significantly affect liability protections for healthcare providers and insurance coverage obligations.The ruling also raised concerns about potential violations of the Federal Advisory Committee Act after the abrupt dismissal and replacement of ACIP members, many of whom reportedly lacked relevant expertise. While the court did not cancel upcoming committee meetings, it halted the appointments of new members and froze future decisions tied to the disputed process.The decision represents a significant check on the administration's approach to public health policymaking, reinforcing that agencies must follow established legal frameworks and rely on qualified expertise. An appeal is expected, and related litigation is already pending in other courts.HHS' Childhood Vaccine Policy Changes Put On Ice - Law360US judge upends Kennedy's overhaul of childhood vaccine policies | ReutersA federal judge in Washington, D.C., is set to hear arguments over whether to halt construction of a $400 million ballroom project at the White House. The dispute centers on a lawsuit brought by preservationists, who argue that the project—built on the site of the demolished East Wing—was launched without proper legal authorization. They are seeking a preliminary injunction to stop construction while the case proceeds.The National Trust for Historic Preservation claims that neither the president nor the National Park Service has the authority to approve such a major structural change without explicit approval from Congress. The group argues that past practice shows Congress typically authorizes significant developments on federal land in Washington.The Trump administration, however, maintains that the project is lawful and does not require specific congressional approval. Government lawyers argue that the ballroom will improve infrastructure, enhance security, and help preserve the main White House building by shifting large events elsewhere. They also contend that the plaintiffs have not met the high legal standard required for an injunction.A federal judge previously denied an earlier request to stop construction, finding the initial legal arguments insufficient. The new hearing will consider revised claims focused more directly on presidential authority and statutory limits.At this stage, the case turns on whether the plaintiffs can show both a likelihood of success on the merits and that immediate harm justifies blocking the project before a final decision is reached.US judge to weigh new bid to halt Trump's $400 million ballroom project | ReutersYou may have heard about the SAVE America Act, and given the attention it's received, it's helpful to clearly lay out what the bill actually does.The SAVE America Act would make significant changes to federal voter registration and election procedures, primarily by requiring proof of U.S. citizenship. The bill amends the National Voter Registration Act to require applicants to present documentary evidence—such as a passport, birth certificate, or certain government-issued identification—before registering to vote in federal elections. It also requires that this proof generally be provided in person, even when registering by mail, though states may create alternative processes for applicants who cannot readily produce documentation.The legislation directs states to verify citizenship status during voter registration and to establish systems for identifying and removing non-citizens from voter rolls. It encourages the use of federal and state databases, including systems maintained by the Department of Homeland Security and the Social Security Administration, to confirm eligibility. Federal agencies are required to respond quickly to state requests for citizenship verification and to share relevant data across agencies.The bill further mandates that voters present a qualifying photo ID when casting a ballot in federal elections. For in-person voting, the ID must be shown at the polling place, while absentee voters must submit copies of identification with their ballots. Acceptable IDs must generally include both a photograph and an indication of U.S. citizenship, though supplemental documentation may be used in some cases.The bill would effectively bring all the convenience and ease of a trip to the DMV to the ballot box.In addition, the legislation expands enforcement mechanisms. It creates potential criminal liability for election officials who knowingly register individuals without proof of citizenship and allows private lawsuits against officials who fail to enforce the requirements. It also requires states to take ongoing steps to ensure that only eligible citizens remain registered, including removing individuals identified as non-citizens.The bill includes provisions addressing discrepancies in documentation and requires election officials to document the basis for registering individuals who lack standard proof. It also preserves the use of provisional ballots, allowing individuals to vote while their eligibility is later verified. Overall, the measure shifts the federal framework toward stricter documentation, verification, and enforcement standards tied to voter eligibility in federal elections.What is in Trump's bill that requires proof of citizenship to vote? | ReutersText - H.R.7296 - 119th Congress (2025-2026): SAVE America ActThis week, my Bloomberg Tax column examines California's recent crackdown on luxury vehicles registered in Montana to avoid sales tax. The enforcement actions reveal a deeper flaw in California's system: it relies heavily on formal delivery paperwork rather than the actual use of the vehicle. Buyers have been able to exploit this by creating the appearance of out-of-state delivery through inexpensive documentation, even when the cars never leave California. Prosecutors allege that some schemes were remarkably simple, involving little more than fabricated shipping records.The current rule allows residents to avoid sales tax if a vehicle is delivered and kept out of state for 12 months, a policy originally designed for legitimate interstate purchases. However, it has unintentionally created a market for services that help buyers simulate compliance. Entity formation companies, transporters, and storage providers all play a role in generating paperwork that masks in-state use. This has made tax avoidance both accessible and predictable.California has responded with audits, criminal prosecutions, and surveillance tools like license plate readers, but these efforts address symptoms rather than the underlying design problem. A system built on easily manipulated documentation invites abuse. Instead, the column argues that California should adopt a “primary-use” rule, taxing vehicles based on where they are actually driven and stored.Other states already apply similar approaches to aircraft, using objective data like flight logs to determine tax liability. A comparable framework for cars could rely on existing data sources such as toll records, insurance information, and registration patterns. This would allow enforcement to focus on real-world usage rather than paper compliance.Clear thresholds and penalties could further deter avoidance by making enforcement more predictable. While some buyers might still structure legitimate out-of-state ownership, the system would no longer reward purely formalistic schemes. The broader point is that tax policy should reflect economic reality, not paperwork.California's Car Sales Tax Crackdown Calls for Primary-Use Rule This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
Tax Filing Season Is Underway: Here's How It's Going So Far

Talking Tax

Play Episode Listen Later Mar 11, 2026 17:05


There are about five weeks left in tax filing season — the busiest time of year for the IRS and tax preparers. IRS CEO Frank Bisignano told lawmakers earlier this month the tax season has so far been a success, with quick refund turnaround times and a shrinking backlog. That is despite a tumultuous 2025 for the agency, when the IRS lost about a quarter of its workforce to resignation offers, began implementing the GOP's new tax-and-spending law, and managed the fallout of the longest government shutdown in US history. Tom O'Saben, director of tax content and government relations at the National Association of Tax Professionals, said tax preparers also aren't hearing a ton of complaints from clients either. On this episode of Talking Tax, O'Saben joined Bloomberg Tax reporter Erin Slowey to discuss how filing season is going, the impact of changes from the 2025 law, and what to do if you don't have the money to pay taxes by the deadline. "Don't put your head in the sand and say 'I know I am going to owe so I am just not going to file,'" O'Saben said. "That's a bad idea." Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
States Still Decoupling From GOP Tax Law Deep Into Filing Season

Talking Tax

Play Episode Listen Later Mar 4, 2026 12:49


Tax-filing season is well underway, and yet many states are still figuring out whether to conform to or decouple from provisions in last year's GOP-led tax overhaul, especially the deductions and other breaks for corporate taxpayers. The upshot is one of the more complicated filing periods in recent years. Corporate taxpayers are watching which states reject federal tax policy changes, such as those related to immediate expensing for research and development or property investments. Just in the past week, lawmakers in Republican-controlled states like Florida and Democrat-led states like Oregon moved ahead in decoupling from some of those corporate tax provisions to preserve billions of dollars in state revenue. Then there's the unique situation in Washington, DC, where a local law severing the city's tax code from more than a dozen provisions in the 2025 federal tax rewrite was met with Congress's formal disapproval. That set off a dispute between Capitol Hill and city leaders over whether the district's decoupling measure is in effect. (DC officials say it is.) Most of all, corporate taxpayers are looking for clarity from the states as they plan their filings, Scott Roberti, a managing director focusing on state and local tax in EY's national tax practice, says on this week's episode of Talking Tax. Roberti tells Bloomberg Tax editor Benjamin Freed that so far, at least 17 states have issued some sort of guidance on the conformity issue. Roberti hopes the remainder finish up soon in time for the end of filing season and quarter-end accounting. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Tariff Refunds Would Threaten Tax, Transfer Pricing Headaches

Talking Tax

Play Episode Listen Later Feb 25, 2026 12:08


The Supreme Court's decision to nix a wide swath of the Trump administration's tariffs comes with some big tax and transfer pricing questions for tax executives as companies battle to collect refunds from the government. The court's 6-3 ruling sets up what would be a messy refund process, though the justices basically said nothing about it, leaving companies to take their claims to court. If the refunds come in, businesses will have to figure out how to apportion funds across subsidiaries —sometimes across borders — without breaking transfer pricing rules, which govern the pricing of affiliate transactions and ultimately determine where taxes are owed. The rules say related-party transfers must be priced as though they were done at arm's length, in the open marketplace. Companies that don't do it right risk a tax agency audit. On this episode of Talking Tax, Bloomberg Tax transfer pricing reporter Caleb Harshberger discusses the sticky tax and transfer pricing issues surrounding tariffs and the possibility of refunds. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Minimum Competence
Legal News for Tues 2/24 - Aileen Cannon Won't Release Trump Docs, Two Appeals CJs Step Down, Land Port Tax Plan as Tariff Replacement

Minimum Competence

Play Episode Listen Later Feb 24, 2026 7:18


This Day in Legal History: Marbury v. MadisonOn February 24, 1803, the U.S. Supreme Court decided Marbury v. Madison, a case that permanently reshaped American constitutional law. The dispute arose after President John Adams appointed several “midnight judges” in the final hours of his administration. One of those appointees, William Marbury, never received his commission because it was not delivered before Thomas Jefferson took office. Jefferson instructed his Secretary of State, James Madison, not to deliver the commission, prompting Marbury to seek relief directly from the Supreme Court.Presiding over the case was Chief Justice John Marshall, whose involvement added a striking layer of irony. Before becoming Chief Justice, Marshall had served as Secretary of State under Adams and had been responsible for sealing the very commissions at issue. In other words, Marshall was now reviewing the legal consequences of actions taken by his former office. Rather than recuse himself, he authored the opinion that would define the Court's authority.Marshall concluded that Marbury had a legal right to his commission but held that the statute granting the Supreme Court power to issue writs of mandamus conflicted with Article III of the Constitution. Because the Constitution is the supreme law of the land, Marshall reasoned, any conflicting statute must be void. In declaring part of the Judiciary Act of 1789 unconstitutional, the Court asserted the power of judicial review for the first time.The decision simultaneously denied Marbury his remedy while expanding the Court's institutional authority. It avoided a direct political confrontation with Jefferson while firmly establishing the judiciary as a co-equal branch of government. What began as a minor political dispute over an undelivered commission became the foundation for the Supreme Court's power to strike down unconstitutional laws.A federal judge has permanently blocked the Justice Department from releasing a prosecutor's report concerning the classified documents case against President Donald Trump. The ruling was issued by U.S. District Judge Aileen Cannon, who concluded that making the report public would amount to a “manifest injustice” because the case never went to trial. She reasoned that publishing detailed allegations of criminal conduct without a jury verdict would undermine basic fairness principles.The case had been brought by Special Counsel Jack Smith and accused Trump of unlawfully retaining sensitive national defense materials at his Mar-a-Lago property and obstructing government efforts to recover them. Trump and his co-defendants, Walt Nauta and Carlos de Oliveira, pleaded not guilty and described the prosecution as politically motivated. In 2024, Cannon dismissed the charges, finding that Smith had not been lawfully appointed.After Trump returned to office, the Justice Department supported efforts to keep the report confidential. Although special counsels are typically required to submit reports explaining their charging decisions, Cannon held that releasing this one would conflict with her earlier rulings, including her determination that Smith's appointment was invalid. She also cited concerns about exposing grand jury material.The decision prevents public disclosure of substantial details about one of the four criminal cases Trump faced after leaving office. It follows the Supreme Court's recent decision limiting Trump's tariff authority and marks another significant legal development in the ongoing disputes surrounding his post-presidency investigations.US judge permanently blocks release of report on Trump documents case | ReutersThe chief judges of two major federal appeals courts have announced plans to step back from active service later this year, creating new vacancies for President Donald Trump to fill. Debra Ann Livingston of the U.S. Court of Appeals for the Second Circuit and Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit both notified the president that they intend to take senior status. Livingston plans to assume senior status on July 1, while Sutton will do so on October 1.Their decisions come ahead of the November midterm elections, when control of the U.S. Senate could shift, potentially complicating confirmation of successors. Because judicial vacancies have been relatively scarce during Trump's second term, the openings present an opportunity to expand his appellate appointments. During his first term, Trump appointed 54 appellate judges, significantly influencing the judiciary's ideological direction.Both judges were originally appointed by President George W. Bush. Livingston, who has served on the Second Circuit since 2007 and became chief judge in 2020, has at times issued notable dissents, including in cases involving LGBTQ workplace protections and congressional subpoenas tied to Trump's business records. Sutton, on the Sixth Circuit since 2003 and chief judge since 2021, has been an influential conservative jurist. He authored a 2014 opinion upholding same-sex marriage bans that the Supreme Court later overturned in Obergefell v. Hodges.Senior status allows eligible judges to continue hearing cases on a reduced basis while enabling the president to nominate full-time replacements. Their departures will hand Trump two high-profile appellate vacancies at a time when few others are available.Two chief US appellate judges to leave active service, handing Trump vacancies | ReutersIn my weekly column for Bloomberg Tax, I examine the Trump administration's proposed 0.125% “land port maintenance tax” and question whether it is truly infrastructure policy or contingency planning after the Supreme Court curtailed its tariff authority. The proposal is framed as a parity measure to mirror the Harbor Maintenance Fee, but I argue the timing is hard to ignore. Just this week, the Court in Learning Resources Inc. v. Trump held that the International Emergency Economic Powers Act does not authorize the president to impose tariffs, reaffirming that Congress controls taxing power absent clear delegation. In my view, that ruling narrows executive trade authority and invites efforts to find alternative mechanisms embedded elsewhere in the customs code.I suggest the land port tax looks like one such alternative. Although labeled a “maintenance” fee, it would be imposed at the border and function economically like a tariff, with costs passed to US importers and consumers. Because most land-based trade flows through Canada and Mexico, I note that the charge would operate in practice as a North American supply chain tax. Calling it infrastructure policy does not change its price effects.I also argue that the Harbor Maintenance Fee analogy falls apart on inspection. Whatever its flaws, the HMF at least carries a user-fee logic tied to dredging and port upkeep. By contrast, the new proposal appears loosely connected to land-border infrastructure and bundled within a broader maritime industrial policy agenda. If shipbuilding is a national security priority, I contend Congress should fund it transparently through the Defense Department and regular appropriations. If the HMF distorts shipping routes, it should be reformed directly rather than replicated inland.Ultimately, I maintain that after Learning Resources, any border charge that operates like a tariff will face legal skepticism. If policymakers intend to subsidize maritime industry, they should say so clearly, define measurable goals, and subject the costs to democratic accountability. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
DOJ Tax Attorneys Focus on Immigration, Nonprofits After Shakeup

Talking Tax

Play Episode Listen Later Feb 18, 2026 17:19


Tax enforcement has entered a new age. The decades-old Justice Department Tax Division is now split between the broader civil and criminal divisions. Critics say the reorganization sends a signal that tax enforcement won't be a priority. While the reorganization may mean tax attorneys are pulled into different DOJ priorities, it also could mean more investigations will include tax charges, said Karen Kelly, who was the top official at the DOJ Tax Division before she joined Kostelanetz as a partner in August. DOJ tax attorneys are prioritizing immigration, fraud, and investigations into tax-exempt organizations that may have ties to "Antifa," Kelly said. The latter refers to an informal collection of people with left-leaning views that was a focus of a recent directive from Attorney General Pam Bondi. On this episode of Talking Tax, Kelly sits down with Bloomberg Tax reporter Erin Schilling to discuss DOJ's tax enforcement priorities, changing strategies, and how taxpayers should prepare. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
State Tax Breaks for Data Centers Come Under Fire With AI Boom

Talking Tax

Play Episode Listen Later Feb 11, 2026 15:04


Data centers have emerged as a major political target in state capitals as they proliferate across the country and elected officials hear complaints from their voters about the massive, energy-guzzling warehouses. That has put tax breaks for data centers—which can amount to hundreds of millions of dollars annually in some states—squarely in the legislative cross hairs. State lawmakers in more than a dozen states have introduced legislation to repeal sales tax exemptions or raise the bar to qualify for them. Support for rolling back incentives cuts across party lines, with Republicans and Democrats expressing opposition to subsidizing a rapidly growing industry. But the industry's boosters also cross party lines, and two Republican governors have vetoed attempts in previous years to repeal the tax breaks. On this episode of Talking Tax, Bloomberg Tax reporter Daniel Moore discusses how these tax exemptions work, why they've grown so much, and how they could change this year. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Minimum Competence
Legal News for Tues 2/10 - More Horrors from ICE Detention Centers, Trump's Push to Limit Federal Worker Rights and US States vs. India on Data Centers

Minimum Competence

Play Episode Listen Later Feb 10, 2026 6:47


This Day in Legal History: 25th AmendmentOn February 10, 1967, the 25th Amendment to the United States Constitution was ratified, formally addressing presidential succession and disability for the first time in constitutional text. The need for such clarity had become urgent after the assassination of President John F. Kennedy in 1963 and President Dwight D. Eisenhower's repeated illnesses during his terms. Prior to this amendment, there was no definitive constitutional mechanism for filling a vacancy in the vice presidency or for managing presidential incapacity. The 25th Amendment established four key sections, each designed to ensure governmental stability during times of crisis.Section 1 confirmed that if a president dies, resigns, or is removed, the vice president becomes president—not just acting president. Section 2 allowed for the appointment of a new vice president, with confirmation by both the House and Senate, in the event of a vacancy. This provision was put to use shortly after its ratification when Gerald Ford was appointed vice president in 1973 following Spiro Agnew's resignation. Section 3 allowed a president to voluntarily transfer power to the vice president by submitting a written declaration to Congress—used during temporary medical procedures like surgeries.Most controversial and significant is Section 4, which allows the vice president and a majority of the cabinet (or another body designated by Congress) to declare the president “unable to discharge the powers and duties of his office.” This provision has never been fully invoked but has been a topic of discussion during times of perceived presidential instability. It establishes a legal mechanism for removing a president against their will, albeit temporarily, with congressional oversight. The amendment reflects a post-World War II concern for continuity of leadership in a nuclear age. Its ratification marks a critical evolution in constitutional law, ensuring the executive branch remains functional even under extraordinary circumstances.A federal lawsuit filed in Texas alleges that an 18‑month‑old girl detained by U.S. immigration authorities was sent back into U.S. Immigration and Customs Enforcement (ICE) custody after being hospitalized for a life‑threatening respiratory illness and then denied the medications doctors prescribed.According to the filing, Amalia and her parents were held at the family detention center in Dilley, Texas after a routine immigration check‑in in December. The toddler became severely ill in January with extremely high fever and breathing problems, and a hospital diagnosed her with multiple serious infections including COVID‑19, pneumonia and RSV. After about 10 days in the hospital, she was discharged with a nebulizer, respiratory medication and nutritional supplements—but those were confiscated when she was returned to the detention facility.The lawsuit says her parents repeatedly tried to obtain prescribed treatment from detention staff but were forced to wait in long lines and often were denied, contributing to the child's health deterioration. Legal advocacy led to the family's release after the emergency court filing; attorneys contend the case reflects broader problems with medical care, conditions and protections for children and families in immigration custody.Toddler was returned to ICE custody and denied medication after hospitalization, lawsuit says | ReutersThe Trump administration is proposing a significant change to federal employment law that would restrict fired federal workers from appealing their terminations to the independent Merit Systems Protection Board (MSPB). Under the plan, workers would instead have to appeal to the Office of Personnel Management (OPM)—a shift critics say would compromise impartiality, as the OPM director reports directly to the president.The MSPB, historically tasked with mediating disputes between federal employees and agencies, experienced a 266% spike in appeals cases during Trump's second term, likely due to a surge in federal job cuts. In 2025, the federal workforce shrank by 317,000 employees, though OPM claims most departures were voluntary through buyouts rather than firings—an assertion not independently verified.This latest proposal would further President Trump's second-term agenda to reduce the size of the federal workforce while also narrowing employees' legal options for challenging dismissals. Trump has also weakened job protection enforcement by removing officials from agencies that safeguard civil service rights. Critics argue the proposal consolidates power over personnel disputes within the executive branch, potentially eroding longstanding civil service protections.Trump seeks to limit legal options for fired federal workers | ReutersMy column for Bloomberg Tax this week is about tax holidays for data centers–or the folly in offering them. India's bold new play to become the backbone of global digital infrastructure isn't just about its headline-grabbing 20-year tax holiday for data centers. The real shift is happening in the fine print—a 15% safe harbor for transfer pricing that removes much of the risk multinationals face when operating across borders. If a company like Microsoft India applies a simple 15% markup on services sold to its U.S. parent, the Indian government agrees not to challenge the pricing. That's not just a tax break—it's operational certainty, and it makes India's offer much more attractive than anything U.S. states currently have on the table.In contrast, American states are still offering scattered subsidies—property tax breaks, zoning perks, utility discounts—without any unified vision or reliable regulatory structure. There's no equivalent to India's safe harbor. No clarity on transfer pricing. No coordination across state lines. The result is what I see as economic development policy by improv, where officials hand out incentives like they're bidding on a sports arena rather than negotiating infrastructure strategy.And what do U.S. taxpayers get in return? A burst of construction, a few permanent jobs, and a long-term commitment to expensive infrastructure upgrades for data centers that don't meaningfully plug into the local economy. Meanwhile, India is making an offer that fits squarely onto a multinational's balance sheet—pre-agreed pricing, national alignment, and a clear path to long-term cost savings.I don't think the solution is to try to beat India at its own game. But if states are going to offer incentives, they need to extract something real in return: energy infrastructure, broadband expansion, or compute resources that benefit the public. Otherwise, they're just footing the bill for someone else's global expansion. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Minimum Competence
Legal News for Tues 2/3 - Offshore Wind Drama Continues, DOJ Probes Pretti Murder, VW/Audi Tariff-caused Retreat from US and CA's Stalled Mileage Tax Reform

Minimum Competence

Play Episode Listen Later Feb 3, 2026 7:11


This Day in Legal History: Fifteenth Amendment RatifiedOn February 3, 1870, the Fifteenth Amendment to the United States Constitution was ratified, marking a pivotal moment in American legal history. The amendment prohibits federal and state governments from denying a citizen the right to vote based on “race, color, or previous condition of servitude.” Its ratification was the third and final of the Reconstruction Amendments, following the Thirteenth (abolishing slavery) and Fourteenth (guaranteeing equal protection and due process) Amendments.The Fifteenth Amendment was a direct response to the systemic disenfranchisement of Black Americans in the post-Civil War South. While it granted a legal foundation for Black men's suffrage, implementation faced immediate resistance. Southern states adopted literacy tests, poll taxes, grandfather clauses, and other discriminatory practices to circumvent the amendment and suppress Black political participation.Despite its passage, the amendment's guarantees would not be meaningfully enforced until the passage of the Voting Rights Act of 1965, nearly a century later. The legal battles stemming from the Fifteenth Amendment's promise have shaped much of the country's voting rights jurisprudence and continue to echo in current debates about voter ID laws, redistricting, and access to the ballot box.A U.S. federal judge is set to hear arguments on February 5 regarding Danish company Ørsted's request to lift the Trump administration's pause on its offshore Sunrise Wind project near Long Island, New York. Ørsted has asked for a preliminary injunction, warning that without a decision by February 6, it could lose access to a specialized vessel crucial for cable installation, putting the project's timeline, financial viability, and even survival at risk. The Interior Department halted five offshore wind projects in December, citing newly obtained, classified national security concerns, particularly radar interference. Ørsted's filing states the company has already committed over $7 billion to the Sunrise Wind project, which is about 45% complete and projected to power nearly 600,000 homes by October.Judge Royce Lamberth, who previously granted an injunction for Ørsted's Revolution Wind project off Rhode Island, will preside over the case. Four similar wind developments have already won legal relief allowing construction to continue during litigation. The ongoing delays reflect broader tensions between offshore wind expansion and the Trump administration's skepticism of the technology, as well as evolving security concerns.US judge to consider last project challenge to Trump offshore wind pause | ReutersThe U.S. Department of Justice has launched a civil rights investigation into the fatal shooting of Alex Pretti, a 37-year-old ICU nurse, by federal immigration agents in Minneapolis. Pretti was killed during an enforcement operation that has since drawn national outrage and led the Trump administration to alter its tactics in Minnesota. Deputy Attorney General Todd Blanche said the FBI is conducting a preliminary review, with potential involvement from the DOJ's Civil Rights Division, though he emphasized that the investigation is still in early stages.Video footage verified by Reuters shows Pretti being tackled by agents while holding a phone, and an officer retrieving a firearm from his body just before shots were fired. The Justice Department said a formal criminal civil rights probe would only proceed if the evidence supports it. Local officials have voiced distrust of the federal response and are conducting their own inquiry. Pretti is the second protester killed by federal agents in Minneapolis this month, and his family, represented by attorney Steve Schleicher, is demanding a transparent and impartial investigation. So far, no similar federal probe has been opened into the earlier shooting of Renee Good by an ICE officer.US Justice Dept opens civil rights probe into Alex Pretti shooting, official says | ReutersIn this week's column for Bloomberg Tax, I argue that Volkswagen's decision to cancel plans for a new Audi plant in the U.S. highlights the limitations of using tariffs as a cornerstone of industrial policy. The assumption underpinning tariff-heavy strategies is that the U.S. market is irresistible enough to force global firms to onshore production, even as tariffs erode that market's size and appeal. Tariffs have come to function like sin taxes—meant to discourage consumption—but unlike cigarettes or soda, the goal with trade policy is not abstention, but investment and economic engagement. Instead, firms like VW are responding by pulling back, as higher costs reduce consumer demand and make U.S. market share too small to justify large-scale investment. The belief that global manufacturers can swiftly build U.S. capacity ignores the time, cost, and uncertainty involved, especially in capital-intensive sectors. VW's exit is rational: it doesn't make financial sense to break ground on a multibillion-dollar plant when the target market is shrinking and returns are questionable.Policymakers need to move beyond blunt tools and design trade incentives based on real market data, such as U.S. demand and potential return on investment. That means requiring ROI modeling before tariffs are imposed, and asking whether the targeted company has enough exposure to be moved by them. If the answer is no, we risk losing access to competitive products, jobs, and consumer choice—not gaining them. Trade policy should be surgical, not punitive, and should acknowledge that capital follows incentives, not threats.In a piece I wrote for Forbes late last week, and with apologies for a double dose of me today: I examined California's long-running flirtation with a mileage-based tax to replace its declining gas tax revenues—and how what began as a test program has quietly become a form of policymaking through delay. In 2014, the state authorized a pilot program to study a “road usage charge,” a per-mile fee designed to keep transportation funding solvent as gas consumption drops. That pilot wrapped up in 2017 and showed the system works: vehicles can be tracked, billing can be simulated, and the technical challenges are manageable. But nearly a decade later, no mileage tax has been implemented, and new legislation—AB 1421—would extend the advisory committee until 2035.The real issue now isn't feasibility but political avoidance. The state has drifted into a passive strategy where permanent pilots and advisory boards take the place of real decisions. This kind of inertia has a name: policy drift—when the law remains formally unchanged, but materially obsolete. California's ongoing study phase has become a way to defer a difficult conversation about revenue and equity in a post-gasoline economy. The technology exists, and other states have already tested it. What's missing is political will and public engagement.AB 1421 doesn't collect revenue or educate voters—it simply extends the status quo under the guise of preparation. From the outside, it looks like planning. In practice, it's a weather balloon designed to measure political tolerance, not policy readiness.California Mileage Tax—Pilot Programs And Permanent Policy Inertia This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
Fiscal Stress Permeates Government Accounting Rule Writer's Work

Talking Tax

Play Episode Listen Later Jan 29, 2026 16:40


Trump administration cuts to federal funding are trickling down to cities and states across the country—and a top public-sector accounting leader is taking note. Governmental Accounting Standards Board Chair Joel Black is leading his team in crafting public sector financial reporting rules at a time when local governments are assessing resource constraints following cuts to funding resulting from the 2025 GOP tax law. The board establishes financial reporting and accounting rules for state and local governments that follow generally accepted accounting principles, or GAAP. Municipal bond insurers, taxpayer groups, and research institutes are among those that use government financial reports to analyze fiscal health. The board's work during the height of the Covid-19 pandemic informs its efforts now during another period of strain for governments. "It really honed us in to be sure we're working on only those things that are significant improvements, only those things our stakeholders are really asking us to work on," Black said. Black's board is currently undertaking a project that aims to improve financial reporting rules for governments grappling with fears they won't be able to meet their financial obligations. In this week's Talking Tax, Black sat down with Bloomberg Tax reporter Jorja Siemons to discuss GASB's financial stress-related project and the resource challenges accounting teams are facing. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
US Tax Carve-Out Beats Retaliation, OECD Business Rep Says

Talking Tax

Play Episode Listen Later Jan 21, 2026 10:33


A global minimum tax deal that exempts American companies from key provisions is a better outcome for European business than the alternative of US retaliatory taxes, the co-chair of the OECD's business committee said. The package agreed to this month by more than 145 countries at the Organization for Economic Cooperation and Development headed off a threat of steep US taxes on foreign companies if global concessions weren't made. In this episode of Talking Tax, Christian Kaeser, global head of tax at Siemens AG, told Bloomberg Tax reporter Ryan Hogg that some of his European counterparts regarded the deal as “lopsided” but welcomed new permanent safe harbors that were created with input from Business at OECD, known as BIAC. Kaeser is co-chair of BIAC's tax committee. “I'm pretty happy with the outcome,” he said. Competitive disparities created by the deal can be remedied by simplification of the EU's own rules, including scrapping of the bloc's controlled foreign companies anti-tax avoidance regime, he said. As for Pillar One, the other main part of a 2021 OECD-led tax agreement, Kaeser saw little hope. Further talks on the pillar, which would reallocate taxing rights to countries where big companies make their profits, have stalled for years. It “should be called Pillar Zed, zed for zombie,” he said. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Minimum Competence
Legal News for Tues 1/20 - Hawaii Gun Case at SCOTUS, Judge Restarts Offshore Wind, FL Limits ABA Oversight and IRS Partnership Audits Move to States?

Minimum Competence

Play Episode Listen Later Jan 20, 2026 8:28


This Day in Legal History: Marbury v. MadisonOn January 20, 1803, the U.S. Supreme Court decided Marbury v. Madison, a case that began as a minor dispute over an undelivered judicial commission and ended by redefining American constitutional law. The story traces back to the final days of the Adams administration, when outgoing President John Adams rushed to appoint Federalist judges before Thomas Jefferson took office. John Marshall, then serving simultaneously as Secretary of State and incoming Chief Justice, sealed the commissions but failed to deliver several of them. One of the would-be judges, William Marbury, petitioned the Supreme Court for a writ of mandamus to force Jefferson's Secretary of State, James Madison, to hand over the commission.The case placed Marshall in a precarious position, as he was being asked to rule on a problem he had helped create. Marshall first held that Marbury had a legal right to his commission and that the law ordinarily provided a remedy when such rights were violated. He then turned to the Judiciary Act of 1789, which appeared to grant the Supreme Court original jurisdiction to issue writs of mandamus. Marshall concluded that this provision conflicted with Article III of the Constitution, which strictly limits the Court's original jurisdiction. Rather than ordering Madison to act, Marshall declared that the statute itself was unconstitutional.By denying Marbury his commission while simultaneously asserting the power to strike down an act of Congress, Marshall executed a strategic legal maneuver that avoided a direct confrontation with the executive branch. The Court emerged stronger despite losing the immediate case. In explaining why the Constitution must prevail over conflicting statutes, Marshall articulated the principle of judicial review. That reasoning transformed the Supreme Court from a relatively weak institution into the ultimate interpreter of constitutional meaning.The U.S. Supreme Court is set to hear a challenge to a Hawaii law that restricts carrying handguns on private property open to the public without the owner's explicit permission. The case was brought by three licensed concealed-carry holders and a local gun rights group after Hawaii enacted the law in 2023. Under the statute, individuals must have clear verbal or written authorization, including posted signage, before bringing a handgun onto most business premises. A lower federal court initially blocked the law, but the Ninth Circuit later ruled that the measure likely complies with the Second Amendment.Hawaii has argued that the law appropriately balances gun rights with property owners' authority to control access to their premises. The challengers contend that the rule effectively prevents lawful gun owners from engaging in everyday activities such as shopping, dining, or buying gas. The challengers are supported by the Trump administration, which claims the law severely burdens the practical exercise of Second Amendment rights. The Supreme Court declined to review other portions of the law involving bans in sensitive places like beaches and bars.The dispute unfolds against the backdrop of the Court's recent expansion of gun rights, particularly its 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which recognized a right to carry handguns outside the home for self-defense. That decision also reshaped how courts evaluate gun regulations by focusing on historical analogues rather than modern policy goals.US Supreme Court to hear challenge to Hawaii handgun limits | ReutersA federal judge has allowed Dominion Energy to resume construction on its $11.2 billion offshore wind project off the coast of Virginia, marking another courtroom loss for President Donald Trump's efforts to curb offshore wind development. Judge Jamar Walker of the U.S. District Court for the Eastern District of Virginia ruled that Dominion could restart work while it continues to challenge a stop-work order issued by the Interior Department. That order had halted several offshore wind projects based on newly cited, classified national security concerns related to radar interference.Walker found that the government's suspension was overly sweeping as applied to Dominion's project and emphasized that the cited security risks related to turbine operations, not ongoing construction. Earlier in the week, other offshore wind developers had secured similar rulings, allowing their projects to move forward despite the administration's objections. Dominion has already invested close to $9 billion in the Coastal Virginia Offshore Wind project, which is expected to supply electricity to hundreds of thousands of homes. The company said it would focus on safely resuming construction while continuing to pursue a long-term resolution with federal regulators.The decision underscores the legal and financial stakes for the offshore wind industry, as project delays can threaten multi-billion-dollar investments. At the same time, lawsuits challenging federal actions and the administration's opposition to offshore wind continue to create uncertainty for the sector. Several states, particularly along the East Coast, view offshore wind as critical to meeting growing energy demand and reducing emissions as electricity use increases.US judge allows Dominion offshore wind project to restart, another legal setback for Trump | ReutersFlorida has joined Texas in scaling back the American Bar Association's role in determining which law school graduates may sit for the state bar exam. In a 5–1 decision, the Supreme Court of Florida ruled that the ABA will no longer serve as the sole accrediting body for Florida bar eligibility, though graduates of ABA-accredited schools will remain eligible. The court said it plans to allow graduates of law schools approved by other federally recognized accrediting agencies to take the bar, even though no such agencies currently specialize in law school accreditation.The court framed its decision as an effort to expand access to affordable legal education while protecting academic freedom and nondiscrimination. Florida Governor Ron DeSantis praised the move, criticizing the ABA as overly partisan and arguing it should not control entry into the legal profession. The ABA responded that the ruling reaffirms state authority over licensing and said it would continue to promote the value of national accreditation standards.Florida's decision follows a similar move by the Supreme Court of Texas, which recently announced plans to develop its own criteria for approving non-ABA law schools. Other states, including Ohio and Tennessee, are also reviewing their accreditation rules. These developments come amid escalating conflict between the ABA and President Donald Trump's administration, which has taken steps to reduce the organization's influence across multiple areas, including judicial nominations and legal education.Within the ABA, the controversy has prompted internal reforms aimed at reinforcing the independence of its law school accreditation arm. One Florida justice dissented, warning that abandoning exclusive reliance on the ABA was an unnecessary and risky departure from a system that had functioned well for decades.Florida joins Texas in limiting ABA's law school oversight role | ReutersIn my column for Bloomberg Tax this week, I argue that the Internal Revenue Service's partnership audit program has effectively been dismantled under the second Trump administration, with specialized auditors fired, pushed out, or leaving altogether. These weren't ordinary revenue agents but highly trained experts who understood the most complex partnership structures and could spot abuse hidden deep inside tiered entities. Once that kind of institutional knowledge walks out the door, it can't simply be rebuilt by restoring funding later. There is no meaningful private-sector substitute for this expertise, and when these specialists leave government, they often stop doing enforcement work entirely.I explain that this collapse isn't just a federal tax problem—it's a looming state budget issue. High-income states that rely heavily on progressive income taxes are especially vulnerable when wealthy taxpayers shift income through opaque pass-through structures. For decades, states have relied on federal audits and enforcement as a backstop, but that dependency has now become a serious liability. I suggest that states step into the vacuum by hiring former IRS partnership specialists and building dedicated partnership audit units within their own revenue departments.With relatively modest investment, states could recover revenue that would otherwise vanish into complex and lightly monitored structures. I also propose a multistate enforcement compact that would allow states to share audit resources, staff, and findings, creating a decentralized alternative to federal enforcement. The core message is that while federal capacity has been allowed to wither, the expertise still exists—and states may be the last institutions capable of preserving it.IRS Partnership Audit Brain Drain Is an Opportunity for States This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
PwC Coaches New Tax Associates on AI Tools in US Training Effort

Talking Tax

Play Episode Listen Later Dec 23, 2025 16:57


PwC's new training program aims to give early-career recruits hands-on experience integrating artificial intelligence tools into everyday work. The Big Four accounting and advisory firm started piloting AI immersion sessions in October, with a full rollout to new US associates slated for July. The sessions are happening across PwC's tax, assurance, and advisory business. "We truly believe that the role of the new associate will be changing with AI and that their role will become somewhat elevated, and we need to make sure that we're really training them on those skills to work and think differently," said Margaret Burke, the firmwide talent acquisition and development leader for PwC US. Like its competitors, PwC has recently funneled resources into next generation autonomous tools aimed at handling routine tasks solo. The firm said in November it shed about 150 jobs across marketing, human resources, and other US support roles as part of a longer-term effort modernizing its back-office unit, including through using new AI tools. In this week's Talking Tax, Burke and PwC US Tax Leader Krishnan Chandrasekhar sat down with Bloomberg Tax reporter Jorja Siemons to discuss how the AI trainings have gone so far and what skills they hope new employees learn. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Tariffs, Big Audits, Roil Transfer Pricing Heading Into New Year

Talking Tax

Play Episode Listen Later Dec 10, 2025 12:56


A slew of big tax disputes and the worldwide upheaval brought on by the Trump administration's aggressive trade policy made for an exceptionally interesting year for transfer pricing professionals, and left them with lingering questions heading into 2026. President Donald Trump's April tariff announcements sent shock waves through the global economy and forced corporate tax heads—and C suites—to start figuring out what it all meant for their tax and transfer pricing positions, and whether they needed to make changes to fend off potential audits. At the same time, companies are seeing a growing number of audits and transfer pricing disputes—often with big dollar figures—as tax authorities around the world beef up their auditing and enforcement capabilities with staff, AI, and stronger reporting requirements. Auditing multinationals can bring them big tax rewards. That might be less true at the IRS, where the Trump administration has drastically reduced resources and staffing. On this episode of Talking Tax, Bloomberg Tax transfer pricing reporter Caleb Harshberger discusses what's been going on in the world of transfer pricing—which governs transactions within corporate groups—and what he's keeping an eye out for next year. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Minimum Competence
Legal News for Tues 12/9 - JD Campaign Finance at SCOTUS, Kalshi, DOJ vs. Transgender Kids and TX Sales Tax Policy Mess

Minimum Competence

Play Episode Listen Later Dec 9, 2025 8:19


This Day in Legal History: SCOTUS Intervenes in 2000 Presidential ElectionOn this day in legal history, December 9, 2000, the U.S. Supreme Court intervened in the presidential election with a pivotal order in Bush v. Gore. The Court issued a 5-4 decision to halt the manual recount of ballots in Florida, which had been ordered by the Florida Supreme Court due to the razor-thin margin between George W. Bush and Al Gore. The justices cited potential violations of the Equal Protection Clause, expressing concern that differing standards across counties for evaluating ballots could lead to unequal treatment of voters.The per curiam order did not decide the case outright but signaled deep skepticism about the recount process, effectively pausing it while the Court considered broader constitutional questions. This stay was the first significant sign that the nation's highest court might ultimately decide the outcome of the 2000 election. Three days later, the Court would issue its final ruling, effectively awarding Florida's 25 electoral votes to Bush and securing his presidency.The December 9 order was controversial not only for its impact on the election but for its constitutional implications. Critics argued the Court had overstepped by interfering in a state-managed election process, while supporters claimed it was necessary to ensure legal consistency and fairness. The episode raised enduring questions about the judiciary's role in democratic governance and electoral integrity.The Court's use of the Equal Protection Clause in this context was novel and has rarely been invoked in similar cases since. The justices themselves noted that the ruling was limited to the specific circumstances of the 2000 election. Nevertheless, the decision left a lasting mark on American law and politics, serving as a stark example of how constitutional interpretation can intersect with high-stakes political conflict.The U.S. Supreme Court is set to hear a major challenge to federal campaign finance limits in a case involving Vice President JD Vance and two Republican political committees. The case targets restrictions on how much political parties can spend in coordination with candidates they support, with plaintiffs arguing that these limits violate the First Amendment's free speech protections. The legal challenge stems from a 2022 lawsuit filed while Vance was running for Senate in Ohio.At issue are “coordinated party expenditure limits” under the Federal Election Campaign Act of 1971, which differentiates between independent spending (unlimited) and coordinated spending (restricted). The challengers argue that the current rules unconstitutionally restrict political speech by capping how much support a party can directly offer its candidates. In contrast, Roman Martinez, appointed by the Court to defend the law after the Trump-aligned FEC declined to do so, argues that without these limits, parties could act as loopholes for donors to evade individual contribution caps—raising corruption risks.A lower court upheld the law, citing a 2001 Supreme Court precedent, but the challengers now argue that subsequent changes in campaign finance law—especially since Citizens United—warrant a reassessment. Three Democratic campaign committees have joined the case to defend the law, represented by attorney Marc Elias. The outcome could significantly reshape the balance between campaign finance regulation and political speech, especially in high-stakes federal elections.US Supreme Court weighs challenge to campaign spending curbs in JD Vance case | ReutersMassachusetts is taking legal action to block Kalshi, a prediction-market platform, from allowing residents to bet on sports outcomes, arguing the company is operating as an unlicensed gambling business. Attorney General Andrea Joy Campbell is seeking a preliminary injunction in state court to stop Kalshi's operations in Massachusetts, marking the first time a U.S. state has pursued a court order against the platform. At least nine other states have issued cease-and-desist letters to Kalshi, but none have yet gone this far.Kalshi offers users the ability to buy “event contracts” on the outcomes of various occurrences—including sporting events—through a platform regulated by the U.S. Commodity Futures Trading Commission (CFTC). The company maintains that its activities are legal under federal law, claiming its contracts are financial derivatives (swaps), not wagers, and thus fall outside the scope of state gambling laws.Massachusetts disagrees, alleging that Kalshi is effectively offering sports betting to users, including individuals as young as 18—below the state's legal betting age of 21. The case highlights a growing tension between federal financial regulation and state-level gambling laws. Kalshi's position has already faced judicial setbacks: federal judges in Nevada and Maryland have ruled that state gambling laws apply to Kalshi's operations, though those decisions are under appeal. Meanwhile, the company has pending legal challenges against other states, including New York and Connecticut.Massachusetts seeks to block Kalshi from operating sports-prediction market | ReutersThe U.S. Department of Justice has filed a lawsuit against the Loudoun County School Board in Virginia, challenging its policy that allows transgender students to use locker rooms aligned with their gender identity. The DOJ claims the policy violates the constitutional rights of religious students who object to “gender ideology,” framing the case as a denial of equal protection rooted in religious freedom concerns. This lawsuit is part of a broader push by the Trump administration to roll back transgender-inclusive policies in schools, sports, and the military.The Loudoun County school board has maintained its gender policy despite federal pressure, citing prior court rulings supporting the rights of transgender students to use facilities aligned with their identity. Critics, including state officials, claim the school has retaliated against students and parents who objected to the policy, particularly in cases involving locker room complaints.The case represents a new front in an escalating legal and political campaign to police gender expression and access, using constitutional arguments around religion and sex-based rights to challenge trans inclusion in public spaces. This comes amid a broader moral panic over gender identity, echoing the structure and rhetoric of the 1980s satanic panic—but with even more tangible consequences, especially for already marginalized transgender youth. While the panic of that earlier era was rooted in fabricated threats, today's version is targeting real people, shaping policies that affect their education, safety, and public presence.US Justice Department sues Virginia school board over transgender use of locker rooms | ReutersIn my latest column for Bloomberg Tax, I argue that Texas' new sales tax sourcing rules expose the shaky logic behind decades of municipal incentives for fulfillment centers—and offer a timely reason to abandon the practice altogether. The recent revision to Rule 3.334 by the Texas Comptroller clarifies that a location must actively receive customer orders—not merely fulfill them—to count as a “place of business” for local tax purposes. That change has triggered a lawsuit from the City of Coppell and other Texas municipalities, who now stand to lose out on lucrative sales tax revenue tied to online commerce routed through local warehouses.But regardless of the lawsuit's outcome, I believe the real issue is the flawed economic development model these cities have been relying on. For years, under Chapter 380 agreements, municipalities handed out infrastructure upgrades and tax rebates to lure backend logistics operations with promises of rising sales tax revenue. Yet these facilities, often low-wage, temporary, and increasingly automated, were never a strong foundation for community growth. Their value was always tied to creative interpretations of tax code language—not meaningful employment or local investment.Now that the tax arbitrage game is falling apart, municipalities should see this as an opportunity to rethink their approach. I argue for redirecting public resources toward workforce development, technical training, and support for regionally rooted industries—investments that actually build capacity, not just capture transactional flows. If a city's financial health depends on how an e-commerce order is defined in the tax code, that's not economic development—it's dependence.Texas Sales Tax Sourcing Fight Is More Reason to Drop Incentives This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
Taxpayers 'Gamble' by Committing Fraud, Even With Diminished IRS

Talking Tax

Play Episode Listen Later Dec 3, 2025 14:44


Anyone thinking about pushing the boundaries of tax law should remember that there's no federal statute of limitations on prosecuting fraud, even with weakened IRS enforcement, said Carolyn Schenck, who spent 20 years at the agency primarily combating tax evasion. "If people think that a current administration or a past administration might go soft on tax fraud, that's still an awfully big gamble," said Schenck, who's now at Caplin & Drysdale. "And I know that that's not one I personally would want to take." The IRS is coming off a tumultuous year with deep staffing cuts from the Trump administration's efforts to downsize the federal government and a parade of new commissioners. But increasing IRS staff and resources would be one of the best ways the government could combat fraud and collect more of the money it's owed, Schenck said. On this episode of Talking Tax, Schenck sat down with Bloomberg Tax reporter Erin Schilling to discuss what Trump administration workforce cuts mean for IRS enforcement and how the agency could improve its efforts to go after illegal tax shelters, even with a diminished staff. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Mamdani's NYC Tax Agenda Prompts Advisers to Caution Patience

Talking Tax

Play Episode Listen Later Nov 13, 2025 11:50


New York City Mayor-elect Zohran Mamdani ran on an expansive affordability agenda that would be paid for by higher taxes on corporations and wealthy individuals. The democratic socialist's vision will be tough to realize, though, because any tax hikes would have to be approved by the New York State legislature and tax hike-averse Gov. Kathy Hochul (D). Local tax practitioners are emphasizing this political reality to worried clients who called and emailed in a hurry after Mandani won the Nov. 4 mayoral contest. “There's been kind of some demystifying as to how can or how will the mayor be able to make these ideas or proposals law," Jeremy Gove, a state and local tax counsel at Eversheds Sutherland, tells Bloomberg Tax editor Benjamin Freed on this week's episode of the Talking Tax podcast. "Explaining this to taxpayers is what we've been tackling over the past week or so.” Gove says that while higher taxes could compel some New York companies and wealthy individuals to decamp for lower-tax states, there's also a "wait and see" sentiment prevailing. Taxpayers might even welcome some proposals from Mamdani, such as hiring more auditors to clear out the Department of Finance's hefty case backlog, he says. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Grant Thornton Leader Leveraged PE Deal to Raise Audit Bar

Talking Tax

Play Episode Listen Later Nov 5, 2025 20:39


Grant Thornton's top audit leader is bullish on the practice's future after a 2024 deal that sold a significant stake in the accounting and advisory firm to private equity investors led by New Mountain Capital. The audit practice has benefited from a boost in dedicated resources and also bolstered its safeguards against conflicts of interest. Those improvements stem from an operating contract between Grant Thornton's legacy audit practice and its PE-backed business, said Ron Messenger, CEO of Grant Thornton's audit business. The firm's private equity deal ushered in a new two-part legal structure that created a corporate entity to provide its tax and advisory work while audit partners run the firm's legacy assurance business. Nearly half of the largest 30 firms have cut PE deals and they all rely on what the industry calls the “alternative practice structure.” Underpinning that new operating structure is a services agreement spelling out the relationship between the two entities from governance to resources. Those agreements can't be an afterthought, Messenger said. He spoke with Bloomberg Tax reporter Amanda Iacone about how Grant Thornton's services agreement came together, how regulators informed that document, and how it will influence the quality of the firm's auditing. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Plan to Drop 10-Qs Threatens to Trip Up Analysts' AI Models

Talking Tax

Play Episode Listen Later Oct 29, 2025 17:36


A Trump administration push to reduce the frequency of corporate earnings reports risks hurting the accuracy of artificial intelligence-fueled models used by analysts, an accounting adviser said. Chief financial officers and other C-suite leaders would in turn need to address greater reputational risk if a plan to give public companies the option to file financial reports semiannually instead of quarterly advances, according to Steve Soter, vice president and industry principal at financial compliance platform Workiva. Companies prepare and submit quarterly reports, called Form 10-Qs, to the Securities and Exchange Commission's filing system in XBRL format, which makes the information more easily accessible and computer-readable, Soter said. Analysts' models consume this data to provide analysis and observations. Depriving investors and analysts' AI models of this information increases the risk of erroneous analysis and ensuing reputational damage, Soter said. On this episode of Talking Tax, Bloomberg Tax financial accounting reporter Jorja Siemons spoke with Soter about what steps C-suite leaders can take to mitigate data risks if the SEC reporting schedule shifts. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Treasury Is Working to Implement GOP Tax Law Amid Shutdown

Talking Tax

Play Episode Listen Later Oct 22, 2025 16:39


Despite the ongoing US government shutdown, many at the Treasury Department remain on the job working on guidance related to the July GOP tax law. Those at Treasury handling the international provisions used to be coworkers of Beth Bell, who became a principal at PwC's National Tax Service in Washington less than a month ago. On this week's episode of Talking Tax, Bell sat down with Bloomberg Tax senior reporter Chris Cioffi to discuss US efforts to secure agreements to allow the US tax system to coexist with the Pillar Two project, and what might prompt Republicans in Congress to reintroduce what came to be known as the "revenge tax" when the law was debated. Bell has deep experience with multilateral tax negotiations and worked as a staffer in both the House and Senate, playing a role in major tax legislation that passed in both the Biden and Trump administrations. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Ireland Mulls Tax Options to Stay Competitive in Global Economy

Talking Tax

Play Episode Listen Later Oct 16, 2025 11:52


Ireland has presented a frugal budget for 2026 in the face of uncertainties caused by President Donald Trump's tariff and tax policies. The 15% global minimum tax on corporations and Trump's threats to impose large tariffs on pharmaceutical companies—most of which are US companies headquartered in Ireland—have increased pressure on the country to find ways to remain competitive. With foreign-owned multinationals in Ireland paying the majority of the country's corporation tax, the government is mulling incentives to encourage them to stay. In this episode of Talking Tax, Bloomberg Tax reporter Ryan Hogg discusses some options the government is considering, including an increase in the R&D tax credit. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Hashing Out US-World Tensions on 'Side-by-Side' Global Tax Deal

Talking Tax

Play Episode Listen Later Sep 24, 2025 13:53


About three months have passed since Treasury Secretary Scott Bessent announced that the US, along with its Group of Seven allies, agreed to work on a system that would exempt American companies from parts of the global minimum tax. In that time, the US proposed a technical solution to separate its tax system from the global minimum tax. But other countries have raised concerns about what the US position means for their own tax sovereignty and whether their companies will be left at a competitive disadvantage compared to their American counterparts. In this episode of Talking Tax, Bloomberg Tax reporters Saim Saeed and Lauren Vella hash out these countries' frustrations and discuss the feasibility of coming to an agreement on a "side-by-side" system by Dec. 31, the deadline suggested by the Trump administration. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Real Estate Investing For Professional Men & Women
Maximize Real Estate Tax Savings with Cost Segregation and Bonus Depreciation, with Gian Pazzia

Real Estate Investing For Professional Men & Women

Play Episode Listen Later Sep 17, 2025 39:16


Gian Pazzia is the Chairman & Chief Strategy Officer at KBKG, where he oversees all strategic initiatives for one of the nation's leading specialty tax firms. With over 25 years of experience in the cost segregation industry, Gian is a recognized authority in his field and a former President of the American Society of Cost Segregation Professionals (ASCSP). During his tenure, he spearheaded the publication of the first technical standards for cost segregation reports and worked closely with the IRS on audit techniques, repair regulations, and landmark tax cases. As one of the first professionals in the U.S. to earn the Certified Cost Segregation Professional (CCSP) designation, Gian has provided expert testimony before the IRS and has been published in journals such as Accounting Today, AICPA's Tax Advisor, and Bloomberg Tax. Before joining KBKG, he worked at two of the Big Four accounting firms, helping to develop proprietary cost segregation software and advanced training programs. Today, Gian is a sought-after speaker who has educated thousands of CPAs and real estate professionals nationwide. In this episode, Gian and I dive into the world of cost segregation and its powerful role in boosting cash flow for real estate investors. We explore how accelerating depreciation can save investors significant money on taxes, why bonus depreciation is such a game-changer, and how even small property owners can benefit. Gian also shares insights into energy efficiency tax incentives, how technology and AI are making cost segregation more accessible, and why running real estate like a true business is the key to long-term wealth.   What You Will Learn: Who is Gian P. Pazzia, and how did he become one of the nation's leading experts in cost segregation? What exactly is cost segregation, and how can it accelerate depreciation to maximize investor cash flow? How has bonus depreciation reshaped the tax landscape for real estate owners? What practical examples show the impact of cost segregation on small and mid-size properties? How KBKG's software empowers everyday investors to take advantage of strategies once reserved for large institutional players. What energy efficiency tax incentives are available to multifamily investors and developers? Why treating real estate like a business—and leveraging the right tax strategies—is critical for building lasting wealth. Gian's story is proof that expertise, strategy, and innovation can transform the way investors approach real estate. Whether you're a new landlord with a duplex or a seasoned multifamily developer, this episode will give you practical tools to minimize taxes, maximize cash flow, and grow your portfolio more effectively.   Links & Resources: Email Address: gian.pazzia@kbkg.com Facebook: https://www.facebook.com/KBKGTaxIncentives/ X: https://twitter.com/KBKG LinkedIn: https://www.linkedin.com/company/kbkg/ Youtube: https://www.youtube.com/user/KBKGinc Discount for listeners: Use code MASSIVE2025 at checkout for 10% off KBKG's residential cost segregation software.   Attention Investors and Agents Are you looking to grow your business? Need to connect with aggressive like-minded people like yourself? We have all the right tools, knowledge, and coaching to positively effect your bottom line. Visit: Join GIA Team | The Global Investor Agent Team to see what we can offer and to schedule your FREE consultation! Our NEW book is out…order yours NOW! Global Investor Agent: How Do You Thrive Not Just Survive in a Market Shift? Get your copy here: https://amzn.to/3SV0khX   HEY! You should be in class this coming Monday (MNL). It's Free and packed with actions you should take now! Here's the link to register: https://us02web.zoom.us/webinar/register/WN_sNMjT-5DTIakCFO2ronDCg  

Talking Tax
How IRS Attorney Departures Will Prolong Cases, Spur Settlements

Talking Tax

Play Episode Listen Later Sep 17, 2025 12:41


Big job cuts and reductions in resources at the IRS are liable to prolong disputes over tax bills and force the agency to leave money on the table when cases are finally resolved. More than 170 attorneys have withdrawn from representing the IRS in cases in US Tax Court since Donald Trump became president in January, according to a Bloomberg Tax analysis. Many have quit the IRS altogether amid a major exodus of employees. Some Justice Department attorneys who represented the IRS in tax disputes in federal appeals courts have also left, moves that could impact some of the biggest, most prominent tax-related cases in the courts. The diminished resources suggest it'll take longer to resolve cases, former attorneys and former IRS and DOJ officials say. The IRS may also be pushed into considering settlements in some cases where perhaps it wouldn't otherwise. That would mean settling cases on less favorable terms for the agency, and potentially give taxpayers a leg up in dealing with the IRS. In this episode of Talking Tax, Bloomberg Tax senior reporter Michael Rapoport discusses the attorney departures and their implications, as well as attorneys' frustrations about their jobs and fears about the future that prompted some to leave the IRS. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Enrolled Agents Anticipate IRS Chaos for Next Tax Filing Season

Talking Tax

Play Episode Listen Later Sep 10, 2025 11:54


Tax preparers consider themselves foot soldiers on the front lines of Americans' income tax preparations. They provide advice and file the returns, helping the government collect its revenue and make sure people are paying their fair share. They are also some of the first to warn taxpayers about scams. This group of preparers includes enrolled agents, who are the only federally licensed tax practitioners.  Enrolled agents now are assessing what the recent exodus of thousands of IRS workers and agency leadership means for filing season. They're also watching for guidance for how to implement new policies from the massive 2025 GOP tax law. Bloomberg Tax's Erin Slowey spoke with Jennifer MacMillan, president of the National Association of Enrolled Agents, about rules related to overtime and tips from that new tax law, the regulation of tax preparers, and what happens next at the IRS as its workforce has been slashed. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Congressional Deadline on Shutdown Deal Adds to IRS Challenges

Talking Tax

Play Episode Listen Later Sep 3, 2025 12:27


Congress is back in session with just a few weeks to reach an agreement before government funding runs out Sept. 30. For IRS watchers, the lack of agreement on how to fund the tax collection agency or whether to extend expiring tax breaks rank among the key issues lawmakers will grapple with over the coming months. In this week's episode of Talking Tax, Bloomberg Tax reporter Zach C. Cohen and Bloomberg Government reporter Maeve Sheehey preview the government funding fight and potential movement on budget reconciliation bills, and the impact on tax policy and administration. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
KPMG Juggles AI Efficiency Gains With Long-Term Talent Strategy

Talking Tax

Play Episode Listen Later Aug 27, 2025 15:43


Big Four accounting firms are racing to integrate next-generation AI technology across their service lines and develop a talent strategy to match the industry's new era. KPMG is focused on making sure it's balancing efficiency gains because of artificial intelligence with long-term workforce development, according to Sandy Torchia, vice chair of talent and culture at KPMG US. The firm has created new learning opportunities for workers to teach them how to use AI to enhance career growth, she said. Like its competitors, KPMG has rolled out new autonomous AI that can accomplish tasks with minimal human intervention. The industry's next generation is taking note. The vast majority of KPMG's US interns expect at least 20% of their work to be automated by AI by the time they start full-time positions, according to the firm's recent survey. Torchia, who is also head of people for KPMG's Americas region, recently stepped into a new role as global co-head of people for KPMG International. She spoke with Bloomberg Tax reporter Jorja Siemons about how KPMG is helping employees adapt to an AI-led future, as well as the state of hybrid work and the CPA pipeline. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Help Wanted: Top Job at IRS Open After Confirmed Chief Splits

Talking Tax

Play Episode Listen Later Aug 13, 2025 12:03


One of the most unwanted jobs in Washington is now up for grabs—again. President Donald Trump's IRS commissioner, Billy Long, exited as the head role last week and is expected to be nominated as the ambassador to Iceland. Treasury Secretary Scott Bessent will fill the job in the interim. The vacancy at the top of the IRS continues the turbulence the agency has experienced since the start of the Trump administration. Now, the question of who will be nominated next—if at all—remains. In this episode of Talking Tax, Bloomberg Tax reporter Erin Slowey discusses how the IRS got to this point and what it means for the future of the agency. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Tariffs Draw All Hands—Tax and Others—to the Executive Suite

Talking Tax

Play Episode Listen Later Aug 1, 2025 14:56


It's been four months since the Trump administration announced its “Liberation Day” tariffs, and companies are still scrambling to make sense of what it means for their operations and tax planning. Rates keep changing, sometimes day to day, as countries struggle to make lasting trade deals with the US, while corporate tax and customs departments put their heads together to minimize the costs to their companies—without attracting a big audit. In this special Talking Tax podcast—the first of four on transfer pricing and tariffs—PwC principal Chris Desmond talks with Bloomberg Tax reporter Caleb Harshberger about the ways companies have been trying to adjust to the new reality. These include emergency meetings with top executives and heads of tax, trade, and other functions across the company, and deep dives into customs rules that many company executives hadn't felt the need to know well—until now. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
The Tax Bill's Obscure Breaks and the Road Ahead for Congress

Talking Tax

Play Episode Listen Later Jul 16, 2025 14:48


Tax breaks for whale captains in Alaska and spaceport builders were among the lower-profile perks included in the GOP's $3.4 trillion tax-and-spending law enacted this month. The policies were necessary to gain votes of Republican holdouts, enabling the measure to pass in both the Senate and House in time for GOP lawmakers' self-imposed July 4 deadline. The law moved through Congress faster than many predicted, and some lawmakers are seeking changes to provisions in the law already generating criticism, such as a change to the deduction amount for wagering losses. The Republican majority's use of the reconciliation process, which allowed the measure to pass without any Democratic support, does not portend well for bipartisanship ahead. In this week's episode of Talking Tax, Bloomberg Tax reporter Chris Cioffi breaks down what Congress could tackle next on the tax front, including what could be in more reconciliation bills in the months and year ahead. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Minimum Competence
Legal News for Mon 7/14 - CA Cracks Down on Montana LLCs, Mass DOJ Exodus, Zuck to Trial

Minimum Competence

Play Episode Listen Later Jul 14, 2025 7:07


This Day in Legal History: Sedition Act PassedOn this day in legal history, July 14, 1798, the United States Congress passed the Sedition Act, one of the most controversial laws in the nation's early political history. Part of the broader Alien and Sedition Acts, this law made it a crime to publish “any false, scandalous and malicious writing” against the federal government, Congress, or the President with the intent to defame or bring them into disrepute. Ostensibly aimed at quelling foreign influence and internal subversion during the quasi-war with France, the Act was also a clear weapon against domestic political opposition—particularly the Democratic-Republicans led by Thomas Jefferson.Federalist lawmakers, who dominated Congress and the presidency under John Adams, justified the law as necessary for national security. However, it was widely criticized as an assault on First Amendment rights and a means of silencing dissent. The law resulted in the prosecution of several Republican editors and even members of Congress, including Representative Matthew Lyon of Vermont, who was sentenced to four months in jail.The Sedition Act provoked a fierce backlash and spurred Jefferson and James Madison to draft the Kentucky and Virginia Resolutions, which introduced the doctrine of nullification—the idea that states could declare federal laws unconstitutional. Public outrage over the Act played a significant role in the Federalists' defeat in the election of 1800 and the subsequent repeal or expiration of most provisions of the Alien and Sedition Acts.The Sedition Act expired on March 3, 1801, the day before Jefferson assumed the presidency. Its legacy remains a cautionary tale about the tension between national security and civil liberties, and it is frequently cited in debates over the limits of free speech in times of political crisis.California tax authorities have flagged over 1,500 high-end vehicles sold by 500 dealerships as likely being registered through Montana LLCs in an attempt to avoid California sales tax and vehicle registration fees. These vehicles—worth more than $300 million collectively—are tied to a long-running strategy used by buyers of luxury assets like exotic cars, yachts, and RVs to exploit Montana's zero percent sales tax and minimal registration costs. Dealers and buyers now face possible penalties, audits, and investigations as California intensifies enforcement.The scheme works like this: a buyer sets up a Montana LLC, purchases and registers the vehicle under that entity, and keeps the car out-of-state on paper—even if it's garaged and driven daily in a state like California. That regulatory fiction is precisely what states are cracking down on. Bloomberg Tax recently highlighted the scale of the problem, noting that more than 600,000 vehicles are likely registered in Montana but used elsewhere, costing states billions annually in uncollected taxes.Montana LLCs have become a go-to workaround for the wealthy looking to sidestep their home-state tax obligations. While technically legal under Montana law, when the vehicle is used in another state without proper registration or tax payment, it becomes a form of tax evasion. States like Illinois and Utah are following California's lead, passing laws to “look through” LLCs and hold in-state beneficial owners accountable.This isn't just a niche tax dodge—it's a broader challenge to state tax enforcement. As wealthier individuals increasingly exploit differences between state tax codes, it's prompting legal reforms and inter-agency cooperation to close loopholes once thought too obscure or dispersed to address. California's latest enforcement push suggests these Montana LLC schemes are no longer flying under the radar—and that other states may soon follow with penalties and structural reforms of their own.California Finds 1,500 Vehicles Linked to Montana Tax SheltersNearly two-thirds of the U.S. Department of Justice's Federal Programs Branch—the unit charged with defending Trump administration policies in court—has resigned or announced plans to leave since Donald Trump's reelection. Out of roughly 110 attorneys, 69 have exited, according to a list reviewed by Reuters. The exodus includes nearly half the section's supervisors and is far greater than typical turnover seen in prior administrations. While the Trump administration maintains its legal actions are within constitutional bounds, current and former DOJ lawyers cite an overwhelming workload and ethical concerns as key drivers of the departures.Many career lawyers reportedly struggled to defend policies they saw as legally dubious or procedurally flawed, including efforts to revoke birthright citizenship and claw back federal funding from universities. Several feared they'd be pressured to make misleading or unethical arguments in court. In some cases, lawyers were expected to defend executive orders with minimal input from the agencies involved. A recent whistleblower complaint even alleged retaliation against a supervisor who refused to make unsupportable claims in immigration cases.Despite the mass departures, the Trump administration continues to rely heavily on the unit as it seeks to expand executive power following favorable Supreme Court rulings. The DOJ has reassigned attorneys from other divisions, brought in over a dozen political appointees, and exempted the unit from the federal hiring freeze to keep up with litigation demands. Critics argue the changes undermine DOJ independence, while supporters claim the administration is merely ensuring its policies get a fair defense in court.Two-thirds of the DOJ unit defending Trump policies in court have quit | ReutersAn $8 billion trial kicks off this week in Delaware where Meta CEO Mark Zuckerberg and several current and former Facebook leaders are accused by shareholders of knowingly violating a 2012 FTC consent decree aimed at protecting user privacy. The lawsuit stems from the 2018 revelation that Cambridge Analytica accessed data from millions of Facebook users without their consent, ultimately leading to billions in fines and costs for Meta—including a $5 billion penalty from the FTC in 2019. Shareholders, including union pension funds like California's State Teachers' Retirement System, want Zuckerberg and others to reimburse the company, alleging they operated Facebook as a law-breaking enterprise.Defendants in the case include Sheryl Sandberg, Marc Andreessen, Peter Thiel, and Reed Hastings. While Meta itself is not a defendant, the case focuses on the board's alleged failure to oversee privacy practices and enforce the 2012 agreement. The plaintiffs must prove what legal experts call the most difficult claim in corporate law: a total failure of oversight by directors. Delaware law gives leeway for poor business decisions—but not illegal ones, even if they're profitable.Zuckerberg is expected to testify, and plaintiffs argue he personally directed deceptive privacy practices and tried to offload stock ahead of the Cambridge Analytica scandal to avoid losses, allegedly netting $1 billion. Defendants deny wrongdoing, claiming the company took privacy seriously by investing in compliance and being deceived by Cambridge Analytica.Meta investors, Zuckerberg to square off at $8 billion trial over alleged privacy violations | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
US Audit Board's Role Still Sparks Debate Two Decades Post-Enron

Talking Tax

Play Episode Listen Later Jun 25, 2025 29:54


Congress is reconsidering the accounting guardrails it put in place more than two decades ago to ensure investors can trust the revenues and asset values listed companies publish. Republican budget proposals would abolish the US audit regulator and reassign its work to the Securities and Exchange Commission. While lawmakers negotiate over what will end up in a final version of their tax and spending bill, the proposals have prompted debate over how best to regulate auditors and the role of the Public Company Accounting Oversight Board. A member of the board and two former executives turned whistleblowers of once-corporate titans Enron Corp. and WorldCom Inc. spoke with Bloomberg Tax reporter Amanda Iacone about whether the audit regulator should remain independent or whether it would benefit from being folded into the federal government. On this episode of Talking Tax, Sherron Watkins, a former Enron finance executive, and Cynthia Cooper, a former WorldCom chief audit executive, argue that Congress shouldn't scrap an agency that oversees auditors that act as investors' last line of defense. To Christina Ho, a current PCAOB member who has objected to the board's approach, moving auditor oversight to the SEC would counter what she sees as regulatory overreach and provide new opportunities to improve audit quality. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Here's the Status of the GOP Tax Bill Moving Through Congress

Talking Tax

Play Episode Listen Later Jun 18, 2025 17:51


The Republican-led Senate Finance Committee unveiled its portion of the mammoth tax-and-spending legislation that's quickly moving through Congress, and there's a lot to unpack. The Senate bill has dozens of differences from the House version. It makes several business breaks permanent, softens the excise tax on university endowments, and phases out more slowly cuts to clean energy credits, while smoothing edges on the so-called "revenge tax." But there are many similarities in the approaches the two bills take—both have tax breaks on income such as tips and overtime sought by President Donald Trump, and seek to extend much of the 2017 GOP tax law. Things are moving quickly as the Senate aims to pass its version out of its chamber before the July 4 break. In this week's episode of Talking Tax, Bloomberg Tax reporter Chris Cioffi speaks with host David Schultz on what's in the bill, what's left out, and where Congress goes from here. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Big Four Layoffs Hit Amid Uncertain Time for Accounting Pipeline

Talking Tax

Play Episode Listen Later Jun 11, 2025 20:49


Recent layoff announcements at Big Four accounting, tax, and consulting firms come as the industry faces economic uncertainty and a shrinking talent pool. The accounting profession is at a crossroads as a new class of students graduate. While recent data shows heightened interest in both undergraduate and master's degree programs, the industry faces possible disruptions like workforce reductions and emerging artificial intelligence tools. Deloitte LLP announced in April it would lay off government consulting employees as the Trump administration slashed federal contracts. The firm said in a statement the personnel actions were based on its public-sector clients' "evolving needs," among other factors. PwC LLP plans to cut roughly 1,500 jobs, many in its tax and assurance practices, the firm said last month, after two years of historically low levels of turnover. The firm plans to slow down its campus recruiting and will offer fewer internships for next year. But PwC announced this week it plans to reorganize its US advisory business, doubling the number of divisions from four to eight. The move "is being approached from a position of strength," according to a statement from PwC US advisory leader Tyson Cornell. Peter Demerjian is the director of the school of accountancy at Georgia State University. Namaan Mian is the chief operating officer at Management Consulted, a professional training and coaching organization. Demerjian and Mian spoke with Bloomberg Tax reporter Jorja Siemons about the recent layoffs, the industry's embrace of AI, and potential impacts on the industry's next generation. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Why Markets Fear Impact of House GOP's Proposed Retaliatory Tax

Talking Tax

Play Episode Listen Later Jun 4, 2025 14:31


The “revenge” tax provision that's in the giant tax bill working its way through Congress has a lot of people worried. Known as Section 899, the provision would impose stiff, retaliatory tax rates on companies and people from countries that the US deems to be imposing "unfair" and "discriminatory" taxes against US companies. It was included in the version of the bill House Republicans narrowly passed last month, and now gets Senate attention. The aim of Section 899 is to push those countries into changing their policies, but many observers fear the move would lead to lower foreign investment in the US, costing American jobs and cutting into economic growth. That's not the only reason for concern. Financial markets are worried about the retaliatory tax's potential impact on the value of US assets. Some observers think Section 899 would damage the US's longstanding reputation as a stable, reliable place for global companies to do business and for global investors to put their money, On this episode of Talking Tax, Bloomberg Tax senior reporter Michael Rapoport explains the retaliatory-tax proposal and discusses its prospects for becoming law. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
A Budget Watchdog Veteran Warns GOP Tax Bill to Hike Deficit

Talking Tax

Play Episode Listen Later May 21, 2025 19:42


House Republicans are moving quickly to get a massive tax-and-spending package across the finish line before week's end even as they negotiate with party factions over outstanding concerns. Some Republicans are demanding deeper cuts to social programs like Medicaid to curb deficits as part of the deal and to reduce the package's cost to extend the 2017 tax overhaul. And yet the bill increases the debt limit by $4 trillion and adds billions in spending. Cut out of the process, Democrats oppose the proposal, and even some Republicans have objected to its size and scope. Regardless of where lawmakers fall on the political spectrum, they all seem to agree on one data source: What the Committee for a Responsible Federal Budget has to say about the package and what it will do to the national deficit, which now stands at over $36 trillion. On this episode of Talking Tax, Bloomberg Tax reporter Chris Cioffi talks with Maya MacGuineas, longtime president of the nonprofit public policy group, and digs into why the growing debt can be problematic for future economic growth. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
IRS Workforce Cuts, Leadership Departures Ripple Across Agency

Talking Tax

Play Episode Listen Later May 7, 2025 14:19


The IRS right now isn't the same agency it was at the start of this year. That's because about 20% of IRS workers have signaled they want to leave or have been fired. The ripple effects of this exodus could go far, not just for the IRS itself, but for businesses and individual taxpayers trying to file their returns. Roughly half of the 30 people at the top of the IRS organizational chart have left, many because of Trump administration decisions that stretch boundaries of the law. Those departures in particular erode an important layer of defense to the IRS's most important missions: taxpayer data security and a fair tax system, former and current agency officials said. Most recently, two executives brought on to help the IRS build up its enforcement and reporting of digital assets left and were replaced by longtime IRS official Trish Turner. The leadership departures, combined with the broader cuts across different levels of the agency, make it harder for the IRS to collect revenue for the government and provide help to taxpayers. The IRS plans to lean more heavily on technology to make up for the lost workers. In this episode of Talking Tax, Bloomberg Tax reporters Erin Slowey and Erin Schilling discuss who's replacing executives who have left, the impacts of the high turnover, and what happens when workers who want to leave can't. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Minimum Competence
Legal News for Tues 5/6 - Apple Faces Developer Lawsuit over App Store, WA Passes Right to Repair Law, and the Folly of a Millionaire Tax Bracket

Minimum Competence

Play Episode Listen Later May 6, 2025 6:30


This Day in Legal History: Civil Rights Act of 1960On May 6, 1960, President Dwight D. Eisenhower signed the Civil Rights Act of 1960 into law, marking a cautious but critical step forward in the long legal battle over voting rights in America. The Act was designed to address the persistent and systemic barriers that prevented African Americans, particularly in the South, from registering to vote—barriers that had proven stubbornly resilient despite the Civil Rights Act of 1957.The 1960 law authorized federal inspection of local voter registration rolls, giving the Department of Justice a tool to challenge discriminatory practices on the ground. It also criminalized interference with court orders regarding school desegregation and established penalties for anyone found obstructing an individual's attempt to register to vote. These measures were modest by today's standards but politically bold in an era where states' rights rhetoric often served as a smokescreen for maintaining Jim Crow.Though limited in scope and enforcement power, the Act signaled growing federal willingness to intervene in what had long been considered local matters. It provided legal infrastructure that civil rights lawyers would use as levers in federal court battles over the next half-decade. More importantly, it laid the legislative foundation for the Civil Rights Act of 1964 and the Voting Rights Act of 1965—two landmark laws that would reshape American democracy.By signing the Act, Eisenhower reaffirmed the federal government's role in protecting constitutional rights, even if the law fell short of what civil rights advocates demanded. It represented progress not through sweeping change, but through incremental legal gains—a strategy that would define much of the civil rights movement's legal approach during the 1960s.In retrospect, May 6, 1960, stands not as the culmination of voting rights reform, but as a necessary mile marker on the road toward more expansive and enforceable civil rights protections.Apple is facing a new class action lawsuit from app developers who allege the company defied a federal court order meant to reduce its App Store control and fees. Filed by developer Pure Sweat Basketball in California federal court, the suit follows a ruling by U.S. District Judge Yvonne Gonzalez Rogers that Apple willfully violated a 2021 injunction issued in the Epic Games case. That injunction allowed developers to guide users to alternative, potentially cheaper payment methods outside of Apple's in-app system.Instead, Apple allegedly imposed a new 27% fee on such external purchases, effectively undermining the injunction and preserving its App Store revenue stream. Pure Sweat claims Apple's actions cost developers “hundreds of millions or even billions” of dollars in excessive commissions. The proposed class could include as many as 100,000 developers.Judge Rogers recently referred Apple and one executive to federal prosecutors for potential criminal contempt, escalating the stakes. Apple maintains it did not violate the court order and has filed a notice of appeal. The lawsuit argues Apple deliberately ignored the injunction's intent, continuing to block apps—like Pure Sweat's workout video platform—that included outside purchase links.This latest case adds to Apple's growing legal troubles, including other antitrust suits from consumers and government entities over its App Store and smartphone practices.Apple hit with app developer class action after US judge's contempt ruling | ReutersAs reported by Techdirt, Washington is set to become the eighth U.S. state to pass Right to Repair legislation, signaling continued momentum for the consumer-driven movement despite an overall climate of weak enforcement. Two bills passed with overwhelming bipartisan support: HB 1483, which covers personal electronics and home appliances, and SB 5680, which targets repair access for wheelchairs and mobility devices. Both measures aim to force manufacturers to make spare parts, diagnostic tools, and repair information more accessible to users and independent technicians.Advocates from consumer rights, disability, and environmental groups played a major role in pushing the bills forward. One supporter, Marsha Cutting, shared how her experience with a malfunctioning wheelchair underscored the stakes of the fight—arguing that, with this law in place, she could have fixed her chair instead of waiting months for a replacement.Washington's move highlights the cross-party frustration with corporations that monopolize repairs—especially in sectors like agriculture, where companies like John Deere have drawn scrutiny. Ohio may soon follow suit as the ninth state.Still, as Techdirt notes, many of the states that passed such laws have yet to enforce them meaningfully. In some cases, like New York, the legislation was weakened after passage. Without enforcement teeth, these bills risk being symbolic victories. And with mounting political and fiscal pressure during Trump's second term, there's concern that ambitious consumer protections could quietly fall off the legislative agenda.Washington The Eighth State To Pass ‘Right To Repair' Law | TechdirtMy column for Bloomberg Tax this week looks at the resurgence of Republican-backed proposals for a so-called “millionaire tax” and argues that, far from being a step toward fairness, these marginal rate hikes risk cementing the very inequities they claim to address. I contend that celebrating superficial tweaks to the top marginal tax rate—while leaving the broader tax base untouched—burns valuable political momentum and can make real structural reform less likely in the future.The problem isn't just that the ultrawealthy pay too little tax—it's that we're taxing the wrong things in the wrong ways. A new bracket on reported income doesn't reach the vast majority of economic income for the ultrawealthy, which comes from unrealized gains, pass-through structures, and other vehicles that avoid ordinary income classification. A serious reform agenda would prioritize taxing that hidden wealth: ending stepped-up basis, closing the carried interest loophole, and addressing partnership opacity.Superficial changes like a new tax bracket can create the illusion of progress while leaving the architecture of tax avoidance intact. Worse, these symbolic victories often sap the will for deeper, more consequential change. Once lawmakers can declare they've “done something,” it becomes harder to make the case that more action is needed. As I argue in the piece, this is how inequality persists—not just through resistance, but through the misdirection of well-intentioned but shallow reform. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
Why GOP Lawmakers Are Targeting the US Audit Board

Talking Tax

Play Episode Listen Later Apr 30, 2025 12:30


House Republicans are pushing a plan to dismantle the US audit board and send its watchdog duties to the Securities and Exchange Commission as part of a federal budget-cutting process. It's not the first GOP attempt to rein in the Public Company Accounting Oversight Board, but this time it comes against the backdrop of the Trump administration's sweeping drive to cut regulations and downsize government. Congress set up the board in the early 2000s to restore investor trust following high-profile corporate accounting scandals at Enron Corp. and WorldCom Inc. The move to eliminate PCAOB threatens to derail independent oversight of auditors charged with vetting the financial reports of public companies worth trillions in stock value, according to Bloomberg Tax senior reporter Amanda Iacone. On this episode of Talking Tax, Iacone speaks with Benjamin Freed, Bloomberg Tax team lead for state tax and financial accounting, about why the PCAOB is being targeted now, previous attempts to curb its influence, and what a potential disbanding could mean for audit firms. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
Congress Returns With Ambitious Plans to Move on Tax Extensions

Talking Tax

Play Episode Listen Later Apr 23, 2025 15:38


Before leaving for a two-week break, House Republican lawmakers adopted a Senate budget outline to expedite legislation to push through trillions of dollars in tax cuts, raise the debt ceiling, and slash billions in spending. Now comes the hard part where policy committees need to fill in the fine details. The Senate framework called for $1.5 trillion in new tax cuts, to enact policies like some proposed by President Donald Trump on the campaign trail. The Senate's use of a so-called current policy baseline wipes away, on paper, trillions of dollars expected to add to the deficit from extending the expiring parts of the GOP's 2017 tax law. The House is seen as taking the lead, with Speaker Mike Johnson (R-La.) publicly aiming for a Memorial Day deadline to get a bill on Trump's desk. In this episode of Talking Tax, Bloomberg Tax federal editor Kim Dixon talks to congressional reporters Chris Cioffi and Zach Cohen about what to expect in the next work period. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Minimum Competence
Legal News for Tues 4/22 - Google Landmark Antitrust Trial, SCOTUS Refuses to Revive Minnesota Minor Handgun Restriction and Keep DOGE out of the IRS

Minimum Competence

Play Episode Listen Later Apr 21, 2025 6:31


This Day in Legal History: Army-McCarthy Hearings BeginOn April 22, 1954, the Army-McCarthy hearings began in Washington, D.C., marking a pivotal moment in American legal and political history. The televised proceedings, which stretched over two months, were convened to investigate conflicting accusations between Senator Joseph McCarthy and the U.S. Army. McCarthy claimed the Army was sheltering communists; the Army countered that McCarthy and his chief counsel, Roy Cohn, had improperly pressured military officials to give preferential treatment to a former McCarthy aide.These hearings drew millions of viewers and brought McCarthy's aggressive, often unsubstantiated allegations into public view. Under questioning, McCarthy's bullying tactics and disregard for evidence became increasingly apparent. The most famous moment came when Army counsel Joseph Welch rebuked McCarthy with the now-historic line, “Have you no sense of decency, sir?”—a turning point in the hearings and in public perception of McCarthy.As support for McCarthy dwindled, the hearings exposed the dangers of reckless accusations without due process, a central legal concern during the Red Scare. Later that year, the Senate formally censured McCarthy, effectively ending his political influence. The hearings stand as a cautionary tale about the abuse of investigatory powers and the erosion of civil liberties in times of national fear. They also highlight the essential role of transparency and accountability in American governance. The legacy of the Army-McCarthy hearings continues to inform debates over the balance between national security and individual rights.Alphabet's Google faces a major antitrust trial starting Monday in Washington, as the U.S. Department of Justice and 38 state attorneys general seek to break up its dominance in the search engine market. Central to the government's case is a proposal for Google to sell its Chrome browser and potentially even its Android operating system if competition isn't restored. Prosecutors argue that Google's exclusive agreements, like those paying billions to Apple and other companies to be the default search engine, have harmed rivals, including emerging AI firms like Perplexity AI and OpenAI.Google insists the DOJ's demands are extreme and warns that ending these deals could harm browser makers like Mozilla and raise smartphone costs. U.S. District Judge Amit Mehta is presiding over the trial, expected to last three weeks. Google plans to appeal any unfavorable ruling and argues that its deals help fund free, open-source technology. The case follows a separate DOJ victory last week, where a judge found Google maintained an illegal monopoly in ad tech. The trial's outcome could dramatically reshape how Americans access information online and influence future antitrust enforcement, with similar scrutiny already aimed at companies like Meta.Google faces trial in US bid to end search monopoly | ReutersThe U.S. Supreme Court declined to hear Minnesota's appeal defending its law that barred individuals under 21 from obtaining permits to carry handguns in public. This decision leaves in place a ruling from the 8th U.S. Circuit Court of Appeals that found the restriction unconstitutional under the Second Amendment. The case is one of many that have challenged age-based and other gun restrictions following the Supreme Court's 2022 Bruen decision, which established that firearm regulations must align with the nation's historical traditions to be valid.Gun rights groups, including the Minnesota Gun Owners Caucus and Firearms Policy Coalition, challenged the law, arguing it infringed on the rights of 18- to 20-year-olds. Minnesota defended the law as a modest safety measure, noting that youths already have access to guns under specific conditions, such as hunting or supervision. The 8th Circuit disagreed, saying the state failed to prove that young adults posed a sufficient threat or that the restriction had historical precedent.While more than 30 states have similar age-related laws, Minnesota's could no longer be enforced once the appeals process concluded. The case underscores how courts are interpreting and applying the Bruen test, which has reshaped the legal landscape for gun laws. Although the Supreme Court has upheld some modern firearm restrictions, it has consistently signaled that any such laws must fit within historical frameworks.US Supreme Court won't save Minnesota age restriction on carrying guns | ReutersIn my column for Bloomberg Tax this week, I talk about the risk posed by the Department of Government Efficiency's (DGE) access to taxpayer data. If the federal government wants more access to your tax data, it should have to meet a high bar—proving a clear need, protecting the information, and being transparent about how it's used. Right now, the DGE, spearheaded by Elon Musk, is pushing for expanded access to the IRS's Integrated Data Retrieval System (IDRS), which holds deeply sensitive taxpayer records. The rationale? To root out fraud and streamline federal oversight. But noble intentions aren't a substitute for safeguards—and as it stands, DGE hasn't provided any clear guardrails for how it would handle this data.We've seen how this can go wrong. In Sweden, the national tax agency is now facing a lawsuit for sharing taxpayer data with private companies, including marketers and data brokers. Sweden's commitment to constitutional transparency has been used to justify these disclosures, even as they appear to violate Europe's strict privacy laws. It's a reminder that transparency can be weaponized, and privacy treated as an inconvenience. If that sounds extreme, just imagine your tax return fueling a marketing database in the name of government openness.In the U.S., Section 6103 of the tax code makes unauthorized disclosure of taxpayer data a felony. DGE's quest to tap into the IDRS raises serious questions about whether internal access could amount to disclosure, especially if it increases the risk of leaks, misuse, or political meddling. DGE already has access to some refund-related data, but it's now seeking far more granular insight—without explaining what it will do with it, or how it will prevent abuse.What Sweden's case makes clear is that even the best intentions can lead to disastrous outcomes when privacy is not treated as sacrosanct. The U.S. should take that warning seriously. Taxpayer data is among the most sensitive information the government holds. Expanding access to it—especially by an agency as vaguely defined as DGE—should not happen without a fully transparent, purpose-limited, and accountable framework.Until then, DGE should not be granted access to the IRS's IDRS system or any individualized taxpayer information. The risks are too high, and the protections too flimsy. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Talking Tax
IRS Workforce Cuts to Impede Progress on AI, Modernization

Talking Tax

Play Episode Listen Later Apr 16, 2025 20:32


Deep cuts to the IRS workforce mean the agency might have to rely more heavily on technology to keep up taxpayer services and enforcement. The IRS is set to lose 20,000 workers after the Trump administration's second deferred resignation offer. That's in addition to thousands who have already left or are on administrative leave. Barry Johnson, former IRS chief data and analytics officer, oversaw the rollout of artificial intelligence at the agency before his retirement in January. When he left, he said the IRS was piloting an AI tool to help employees search the Internal Revenue Code. The agency also used AI to improve taxpayer services, such as with chatbots, and to make enforcement more efficient. But the workforce cuts could hinder that progress, Johnson said. "I'm especially concerned with proposed cuts in what we call the field staff, the folks who process tax returns and conduct audits," he said. "Because to the extent that we lose that subject matter expertise, our ability to train and validate AI applications will be diminished." In this episode of Talking Tax, Johnson talks to Bloomberg Tax reporter Erin Schilling about the challenges of relying on technology with a shrunken staff, how the research division uses taxpayer data while upholding confidentiality, and what it means for the agency when top executives leave. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Talking Tax
What the Changing IRS Workforce Means for Taxpayers

Talking Tax

Play Episode Listen Later Apr 2, 2025 20:50


The hard-charging effort led by billionaire Elon Musk to reshape the federal workforce at the IRS and other agencies might lead to lasting changes. But what it means for taxpayers still isn't fully realized. Some efforts to buy out or fire employees have been postponed until after the filing season ends in April, and are facing legal action. Ending taxpayer assistance center leases and reducing the number of taxpayer assistance staff who can answer phones will mean backsliding in improved service levels, former National Taxpayer Advocate Nina Olson warns. On this episode of Talking Tax, Olson talks to Bloomberg Tax reporter Chris Cioffi about the potential for brain drain at the agency amid a wave of resignations and whether major upheaval might lead to an erosion in taxpayer trust. They also tackle the danger of taxpayer data privacy violations as Musk's Treasury Department team gains access to the department's payment systems. Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

elon musk ending irs workforce olson taxpayers treasury department bloomberg tax national taxpayer advocate nina olson
Real Estate Investing For Professional Men & Women
Episode 312: Exploring Effective Tax Strategies for Business Owners, with Eric Pierre

Real Estate Investing For Professional Men & Women

Play Episode Listen Later Feb 7, 2025 35:59


Eric Pierre is a second-generation CPA and former professional basketball player, Eric brings the same competitive edge to finance that he brought to the court. He graduated with a Master of Professional Accountancy from Stephen F. Austin State University and holds CPA licenses in both Texas and California.   While many CPAs stick to basic moves, Eric sees the entire board, anticipating challenges and opportunities far in advance. His strategic approach to wealth preservation has caught the attention of major media outlets, with Eric being quoted or mentioned in Forbes, CNBC, and Bloomberg Tax.   Eric's expertise allows him to navigate the complex world of finance with the precision of a seasoned pro. For those seeking to protect and grow their wealth, he offers more than just accounting services. Eric provides comprehensive strategies, always thinking several moves ahead to ensure his clients win in the high-stakes game of financial success.   What You Will Learn: Who is Eric Pierre? Why is effective tax management considered essential for business owners? What unique challenges do high net worth individuals face regarding taxes? What specific tax strategies are discussed, such as the "Augusta Rule" and vehicle depreciation? How can real estate investments impact tax liabilities and benefits for business owners? What qualifications must someone meet to be considered a qualified real estate professional for tax purposes? What common misconceptions about wealthy individuals and their tax issues are addressed in the conversation? What tax rule allowed the host to expense major capital expenditures like roofing through business entities? How does cost segregation and bonus depreciation work for property owners? What common misconceptions do people have about IRS audits and tax-related issues? What are some common mistakes or oversights consumers make regarding tax management? How can tools like QuickBooks assist business owners in tracking their expenses effectively? What is the significance of the Opportunity Zone legislation in tax planning? What are the main topics covered in Eric's book, "The Great Tax Escape"? What tax planning strategies should people consider as the year-end approaches to prepare for tax season? Eric shares how everyone can contact him. Additional Resources from Eric Pierre: Website: http://www.pierreaccounting.com/ Email: eric@pierreaccounting.com Phone: 619-997-2750 LinkedIn: http://www.linkedin.com/in/pierreaccounting Facebook: http://www.facebook.com/pierreaccounting/ Instagram: http://www.instagram.com/pierreaccounting/ X: http://x.com/PierreCPA YouTube: http://www.youtube.com/channel/UCO1XWRM-KZpjtlrbHnrYGFg Attention Investors and Agents Are you looking to grow your business? Need to connect with aggressive like-minded people like yourself? We have all the right tools, knowledge, and coaching to positively effect your bottom line. Visit:http://globalinvestoragent.com/join-gia-team to see what we can offer and to schedule your FREE consultation! Our NEW book is out...order yours NOW! Global Investor Agent: How Do You Thrive Not Just Survive in a Market Shift? Get your copy here: https://amzn.to/3SV0khX HEY! You should be in class this coming Monday (MNL). It's Free and packed with actions you should take now! Here's the link to register: https://us02web.zoom.us/webinar/register/WN_sNMjT-5DTIakCFO2ronDCg