...ECONOMIC NEXUS IN WASHINGTON STATE: DEFINING SUBSTANTIAL NEXUS Armikka R. Bryant* I. INTRODUCTION This Article explores the evolving framework of nexus and examines the constitutional constraints imposed on states’ tax jurisdiction and how states overcome those limitations. In 2010, the Washington State Legislature declared that out-of-state businesses with no physical presence in Washington were earning significant income from Washington residents by providing services or collecting royalties on the use of intangible property in the state.1 The Legislature also determined that, although these out-of-state businesses did not have a physical presence in the state and were not paying their fair share of Washington State taxes, they were nonetheless receiving the following significant benefits provided by the state: • Laws providing protection of business interests or regulating consumer credit; • Access to courts and judicial process to enforce business rights, including debt collection and intellectual property rights; • An orderly and regulated marketplace; and • Police and fire protection and a transportation system benefiting in-state agents and other representatives of out-of-state businesses.2 * Armikka R. Bryant, Tax Policy Counsel, Washington State Department of Revenue; J.D., 2001, The University of Iowa; LL.M. (Taxation), 2004, The University of Washington; B.A., 1997, The University of Michigan; member of Washington State Bar. I would like to thank...
Words: 13223 - Pages: 53
...OVERVIEW OF FEDERAL TAX PROVISIONS AND ANALYSIS OF SELECTED ISSUES RELATING TO NATIVE AMERICAN TRIBES AND THEIR MEMBERS Scheduled for a Public Hearing Before the SENATE COMMITTEE ON FINANCE on May 15, 2012 Prepared by the Staff of the JOINT COMMITTEE ON TAXATION May 14, 2012 JCX-40-12 CONTENTS Page INTRODUCTION AND SUMMARY I. 1 GENERAL RULES REGARDING THE TAXATION OF INDIAN TRIBES AND TRIBAL MEMBERS AND THE TAXING POWERS OF INDIAN TRIBES ................. 3 A. Income Taxation of Indian Tribes and Wholly Owned Tribal Corporations................ 3 1. Federal income taxation of Indian tribes and wholly owned tribal corporations ... 3 2. State taxation of Indian tribes ................................................................................. 4 B. Tax Treatment of Enrolled Members of Indian Tribes ................................................. 7 1. Federal tax............................................................................................................... 7 2. State tax................................................................................................................... 7 C. Taxing Powers of Indian Tribes .................................................................................... 9 D. Alaska Native Settlement Trusts................................................................................. 10 II. SELECTED FEDERAL TAX RULES AND ISSUES RELATING TO INDIAN TRIBES AND THEIR MEMBERS ............
Words: 17292 - Pages: 70
...and day out trying to find ways to express their ideas but they cannot seem to get any more support and if nothing is done to change this, we may lose them forever. To try to find a way to save them, I have decided I will try to see things from their point of view and try to show just how logical their opinions can be. For my research paper, I challenged myself to write it about why same-sex marriage should not be legalized. After three days of research, I regret to inform you that, with the information I found, there is no logical reason whatsoever that same-sex couples should not be able to get married. I have tried so very hard to find a logical argument against it but I was not able to get any reasons against it. Before I started my research, I thought of a few reasons I thought I could go further with but when I tried to make them work, I could only find arguments against them. The reasons I thought same-sex marriage should not be legalized are because a majority of people voted against it, there would be less procreation, and it would complicate laws by redefining marriage. For years, the issue of same-sex marriage has been a flashpoint issue in the United States. It has been a competing legislation, lawsuits, and ballot initiatives in attempting either to legalize or ban the practice. Nearly seventy percent of people in the U.S. oppose gay marriage, almost the same proportion as are otherwise supportive of gay rights. Same sex marriage has really showed how our...
Words: 3984 - Pages: 16
...T.C. Memo. 2009-93 UNITED STATES TAX COURT THOMAS J. WOODY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 30077-07. Filed April 30, 2009. P alleges that during tax year 2004 he had a real estate investment and rental business. P deducted expenses associated with this activity as business expenses under I.R.C. sec. 162. R disallowed the business expense deductions. On the basis of this disallowance, R determined a deficiency in P’s Federal income tax for 2004. P petitioned this Court for redetermination of that deficiency. Held: P was not actively engaged in a real estate investment and rental business when he incurred and paid the expenses he deducted as Schedule C business expenses in 2004. Therefore, the costs P deducted are pre-operational start-up expenditures and may not be deducted as business expenses under I.R.C. sec. 162. - 2 Bruce E. Gardner, for petitioner. Scott L. Little, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION GUSTAFSON, Judge: This case is before the Court on petitioner Thomas J. Woody’s petition for redetermination of his Federal income tax deficiency for 2004 which the Internal Revenue Service (IRS) determined to be $4,955. The issue for decision is whether Mr. Woody is entitled under section 1621 to deductions claimed on his 2004 Schedule C, Profit or Loss From Business. As a threshold matter, we must decide whether Mr. Woody was actively engaged in the trade or business of real estate investment and rental at...
Words: 3496 - Pages: 14
...Conflicting Federal and State Medical Marijuana Policies: A Threat to Cooperative Federalism Todd Grabarsky* Abstract The legal status of medical marijuana in the United States is something of a paradox. On one hand, federal government has placed a ban on the drug with no exceptions. On the other hand, over one-third of the states have that legalizes the cultivation, distribution, and consumption of the drug for medical purposes. As such, the usage of medical marijuana is an activity that is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented nebulous zone of legality in which an activity is both legal and illegal, an issue that one scholar on the subject has deemed “one of the most important federalism disputes in a generation.” The issue has become heightened as two states have legalized marijuana for recreational (non-medical) purposes as a result of recent 2012 Election. This Article examines the issue from a federalism perspective. It begins by arguing that unpredictable enforcement by federal authorities in states that have legalized medical marijuana not only threatens state drug policy, but also the efficacy of federal enforcement. This argument is based on the premise that the federal drug ban exists as a cooperation between the states and the federal government. That the federal government relies on the assistance...
Words: 14241 - Pages: 57
...Annual Report Fiscal Year Ended March 31, 2011 “Our results in fiscal 2011 extend our track record of growing EPS, which we have increased at a 13.9% compound annual growth rate since fiscal 2007.” John H. Hammergren, Chairman, President and Chief Executive Officer, McKesson Corporation Financial Results Five-Year Total Revenue (in millions) Five-Year EPS* *Diluted earnings per share from continuing operations, as displayed above, excludes adjustments for litigation charges (credits) net (“EPS”). For supplemental financial data and corresponding reconciliation to U.S. generally accepted accounting principles (“GAAP”), see Appendix A to this 2011 Annual Report. Non-GAAP measures should be viewed in addition to, and not as an alternative for, financial results prepared in accordance with GAAP. Total Stockholder Return** **The percentages displayed represent total annualized stockholder return for each period presented, including the reinvestment of dividends. Dear Fellow Stockholders, I am pleased to report that McKesson delivered another strong performance in fiscal 2011, marked by outstanding execution in Distribution Solutions, continued success in expanding our relationships with customers and suppliers, and near record levels of capital deployment, including the $2.1 billion acquisition of US Oncology, our largest acquisition in a decade. McKesson generated revenues of $112.1 billion and exceeded expectations for both earnings and cash flow. Earnings...
Words: 66785 - Pages: 268
...taking. They are not a substitute for reading the recommended textbook or for taking your own notes during class discussion. The information and examples provided here are subject to technical corrections or other revisions which you won't have without taking notes in class. Contents Taxable Entities, Sources of Tax Law and Tax Administration 5 Case: Firefighting Aircraft 6 Discussion questions 7 Review questions 8 The Individual Income Tax Model 10 Case: George and Sheena Jungle’s 1040 Tax Return 10 Discussion Questions 10 Review questions 11 Gross Income 13 Case: Commissioner v. Glenshaw Glass Co.\William Goldman Theatres Inc. (U.S. 1955) 13 Discussion questions 19 Case: Lucas v. Earl United States Supreme Court. 1930 20 Discussion questions 21 Review questions 21 Exclusions 22 Case study: Tom Daschle withdraws from nomination as HHS Secretary, 2009 23 Discussion questions 23 Case: Sam and Julie 24 Discussion questions 24 Case: Ralph and Betsy are landlords 25 Discussion questions 26 Case: Mark who lives in unit 6 27 Discussion questions 27 Case: Jack’s Restaurants 28 Discussion questions 28 Review questions 29 Tax Basis and Capital Transactions 32 Case: What’s my income on selling this stock? 32 Discussion questions 34 Case: Property converted from personal to business use 35 Discussion questions 35 Review questions 36 Business Deductions 38 Case study: Welch v. Helvering, Commissioner of Internal Revenue 38 Discussion questions...
Words: 16572 - Pages: 67
...COINSTAR INC (CSTR) 10-K Annual report pursuant to section 13 and 15(d) Filed on 02/09/2012 Filed Period 12/31/2011 Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D. C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended: December 31, 2011 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 000-22555 COINSTAR, INC. (Exact name of registrant as specified in its charter) Delaware 1800 114 Avenue SE, Bellevue, Washington (Address of principal executive offices) (State or other jurisdiction of incorporation or organization) th 94-3156448 (I.R.S. Employer Identification No.) 98004 (Zip Code) Registrant's telephone number, including area code: 425-943-8000 Securities registered pursuant to Section 12(b) of the Act: Common Stock, $0.001 par value Name of each exchange on which registered: The NASDAQ Stock Market LLC Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the Registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes x No ¨ Indicate by check mark if the Registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act.: Yes ¨ No x Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities...
Words: 56352 - Pages: 226
...contents Vision/Mission/Core Values Notice of 54th Annual General Meeting Corporate Pro le Board of Directors’ Pro le Board of Directors’ Committees Directors’ Report Attendance of Directors Review Report on Statement of Compliance Statement of Compliance Pattern of Shareholding Categories of Shareholders Six-Year Summary Auditors’ Report to the Members on Unconsolidated Financial Statements Unconsolidated Financial Statements Auditors’ Report to the Members on Consolidated Financial Statements Consolidated Financial Statements Form of Proxy 93 95 35 37 02 04 06 07 14 16 25 26 27 29 31 32 committed to By enforcing excellent service, security and comfort PIA takes the time to nurture trust within its flyers. It is this very reason today that PIA is Pakistan’s favourite airline success annual general meeting Notice is hereby given that 54th Annual General Meeting of the Shareholders of Pakistan International Airlines Corporation will be held at 10:00 A.M. on Saturday, April 30, 2011 at Pearl Continental Hotel, Club Road, Karachi to transact the following business: 1. 2. 3. To receive and adopt the Audited Accounts for the Financial Year ended December 31, 2010 together with the Auditors’ and Directors’ Reports. To elect two Directors against vacancies as required under Sections 6 and 7 of PIAC Act 1956 in place of Mr Mubashir Iftikhar and Malik Nazir Ahmed who have completed their term of of ce of Directors. To transact any other business with the permission of the...
Words: 64886 - Pages: 260
...by 2014, approximately 32 million Americans who currently do not have health insurance coverage will be covered, and coverage will be more affordable for many millions more. The ACA makes vital improvements to health care access, quality, and services for millions of Americans with health and behavioral health needs. Social workers practice as part of health caretailing the factors necessitating health care reform in the United States. Second, it analyzes whether a constitutionally protected right to make personal health care decisions exists under the Fifth and Fourteenth Amendments' Due Process Clauses. Finally, the article analyzes the susceptibility of government-sponsored health care-specifically proposals which include a public option-to due process challenges and makes suggestions to avoid any potential fundamental rights violations. [PUBLICATION ABSTRACT] quirement to purchase health insurance. It also examines some recent Canadian constitutional law cases to anticipate possible future legal challenges to health care reform in the United States. INTRODUCTION The question of the reform of the American system of financing health care has, of course, recently been a central focus of debate in American politics. Because the author of this paper is something of a "political junkie" and keeping current on this issue seemed a desirable part of being a law professor at the current moment, I decided to investigate and examine what legal issues have been involved in the...
Words: 14949 - Pages: 60
...2011 Annual Report Inspired Innovation To our shareholders In many ways, 2011 was an amazing year. At times, the year felt like a story from the book of Genesis, with the Japanese earthquake, tsunami and subsequent nuclear issues, the flooding in Thailand late in the year, tornadoes in the southern United States, and revolution in North Africa. Matters were further complicated in 2011 by the sovereign debt issue in Greece, worries about Italy’s solvency and the economic downturn in Europe. We must offer special recognition here to our Japanese colleagues for their wonderful efforts in 2011 and to their entire nation for the dignified and orderly way in which they dealt with the tsunami and related challenges. They have my profound personal admiration. Through all of this, while dealing in many cases with enormous personal challenges presented by these disasters, 3M’s people also met the business challenges and once again delivered strong results. George W. Buckley Chairman of the Board, President and Chief Executive Officer Despite all this turbulence, full-year sales increased 11 percent to $29.6 billion, with double-digit growth in Industrial and Transportation; Safety, Security and Protection Services; and Health Care. Operating margins were 20.9 percent for the company, and all businesses delivered margins of 20 percent or higher, which is an amazing feat of consistency. Inge G. Thulin named President and Chief Executive Officer, 3M Company, Feb. 24, 2012 Inge...
Words: 79591 - Pages: 319
...2011 Annual Report Inspired Innovation To our shareholders In many ways, 2011 was an amazing year. At times, the year felt like a story from the book of Genesis, with the Japanese earthquake, tsunami and subsequent nuclear issues, the flooding in Thailand late in the year, tornadoes in the southern United States, and revolution in North Africa. Matters were further complicated in 2011 by the sovereign debt issue in Greece, worries about Italy’s solvency and the economic downturn in Europe. We must offer special recognition here to our Japanese colleagues for their wonderful efforts in 2011 and to their entire nation for the dignified and orderly way in which they dealt with the tsunami and related challenges. They have my profound personal admiration. Through all of this, while dealing in many cases with enormous personal challenges presented by these disasters, 3M’s people also met the business challenges and once again delivered strong results. George W. Buckley Chairman of the Board, President and Chief Executive Officer Despite all this turbulence, full-year sales increased 11 percent to $29.6 billion, with double-digit growth in Industrial and Transportation; Safety, Security and Protection Services; and Health Care. Operating margins were 20.9 percent for the company, and all businesses delivered margins of 20 percent or higher, which is an amazing feat of consistency. Inge G. Thulin named President and Chief Executive Officer, 3M Company, Feb. 24, 2012 Inge G. Thulin,...
Words: 79591 - Pages: 319
...MANU/SC/0131/2012 Equivalent Citation: 2012(3)ALT(Cri)91, 2012CriLJ3516, 2012(1)Crimes241(SC), 2012(2)J.L.J.R.91, (2012)2MLJ32(SC), 2012(2)PLJR217, 2012(2) SCALE682, (2012)5SCC1 IN THE SUPREME COURT OF INDIA Suo Motu Writ Petition (Crl.) No. 122 of 2011 (Under Article 32 of The Constitution of India) Decided On: 23.02.2012 Appellants: Ramlila Maidan Incident Vs. Respondent: Home Secretary, Union of India (UOI) and Ors. Hon'ble Judges/Coram: Swatanter Kumar and Balbir Singh Chauhan, JJ. Counsels: For Appearing Parties: P.P. Malhotra, ASG, Rajeev Dhavan, Amicus Curiae, Ram Jethmalani, P.H. Parekh, Sr. Advs., Udita Singh, L.R. Singh, Shubhranshu Pedhi, Anil Katiyar, Lata Krishnamurti, Balajji Subramanian, Manu Sharma, Karan Kalia, Pranav Diesh, Sanjay Jain, Vikas Garg, B.K. Prasad, Siddhartha Dave, Shailender Sharma, S.N. Terdal, D.P. Mohanty, Subhasree Chatterjee, Anand Shankar Jha, Ekansh Misra, Advs. for Parekh and Co., Kamini Jaiswal, Shomila Bakshi, Abhimanyu Shrestha and Kumud L. Das, Advs. Subject: Constitution Subject: Criminal Acts/Rules/Orders: Constitution of India (44th Amendment) Act, 1979; Constitution of India (First Amendment) Act, 1951; Constitution of India (Sixteenth Amendment) Act, 1963; Right of Children to Free and Compulsory Education Act, 2010; Constitution of India (Forty-Second Amendment) Act, 1976; Bombay Police Act, 1951 - Section 33(1); Delhi Police Act, 1978 - Section 17(1), Delhi Police Act, 1978 - Section 28, Delhi Police Act, 1978 - Section 29, Delhi...
Words: 56244 - Pages: 225
...Country Profile Series United Kingdom In-depth PESTLE insights PESTLE Country Analysis Report: United Kingdom REFERENCE CODE: ML00002-031 PUBLICATION DATE: May 2013 WWW.MARKETLINE.COM MARKETLINE. THIS PROFILE IS A LICENSED PRODUCT AND IS NOT TO BE PHOTOCOPIED ML00002-031/Published 05/2013 Page 1 © MarketLine. This report is a licensed product and is not to be photocopied OVERVIEW Catalyst This profile analyzes the political, economic, social, technological, legal and environmental (PESTLE) structure in the UK. Each of the PESTLE factors is explored on four parameters: current strengths, current challenges, future prospects, and future risks. Summary Key findings The UK has a strong democratic system, but differences between coalition partners in the incumbent government pose a challenge The UK adheres to a democratic, parliamentary system of governance known as the Westminster system. This system ensures adequate distribution of power between the executive branch led by the prime minister, the bicameral legislature and the judiciary. Growing ideological differences between the Conservatives and Liberal Democrats in the current government is making the coalition vulnerable. Tensions between pro-Europe Liberal Democrats and euroskeptic Conservatives continue to plague British politics. Further, conflicting views on issues such as welfare reforms, immigration and the economy are straining relations. The UK economy is developed, but rising government debt...
Words: 22764 - Pages: 92
...federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
Words: 37488 - Pages: 150
