Firm Insights

Don’t Get Swept Away: Missouri Sweepstakes Laws

By Danielle M. Durban / November 16, 2018 / Comments Off on Don’t Get Swept Away: Missouri Sweepstakes Laws

One would be hard-pressed to find someone unaware of the McDonald’s Monopoly Sweepstakes. In 1987, McDonald’s began offering Monopoly game pieces with every purchase made during the sweepstake’s period. Some game pieces were “instant winners” (entitling the customer to free menu items, like a McFlurry shake or medium fry); others were collected by customers who…

Read More

I’m Not Withholding on You: Employment Tax Enforcement Remains a Priority

By Michelle F. Schwerin / June 26, 2018 / Comments Off on I’m Not Withholding on You: Employment Tax Enforcement Remains a Priority

Last week, I had the pleasure of attending the New York University 10th Annual Tax Controversy Forum and hearing Paul Mamo, Director of Collection in the Internal Revenue Service, speak on developments in employment tax enforcement. Over the past few years, the IRS initiated an “Early Interaction Initiative” with respect to employment tax obligations.  In…

Read More

South Dakota v. Wayfair: The End of the “Physical Presence” Test and the Future Reach of Sales Tax

By Michelle F. Schwerin / June 21, 2018 / Comments Off on South Dakota v. Wayfair: The End of the “Physical Presence” Test and the Future Reach of Sales Tax

In a 5-4 decision this morning, the Supreme Court upheld the South Dakota law requiring certain retailers to collect and remit sales tax regardless of whether the retailer had a physical presence.  The Supreme Court characterized the “physical presence” test as “unsound and incorrect”. History on the Matter In 1967, the Supreme Court first determined…

Read More