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David A. Hughes Partner
  • D 312.606.3212
  • F 312.267.2193
dhughes@hmblaw.com
David A. Hughes
"I’ve worked closely with Dave for over 15 years on a variety of state income tax matters involving roughly 15-20 states. Over the course of that time, I can attest that Dave’s subject matter knowledge, attention to detail, professionalism and creativity are unsurpassed! Best of all, Dave is a pleasure to work with." – Senior Tax Director

David is a partner in HMB’s State and Local Tax (SALT) Group. He helps clients limit their state and local tax exposure through sensible planning and, when necessary, vigorous litigation strategies.

David advises Fortune 500 companies, privately-held companies, middle-market businesses and individuals on strategies to minimize their state and local tax exposure, maintain compliance and reduce the risk of audit problems. This includes income tax, sales/use tax, franchise tax, gross receipts tax, and unclaimed property matters involving nexus, apportionment, business income, unitary business groups, credits, losses and exemptions.

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In addition to helping clients all over the country structure their businesses to reduce state and local tax liabilities, David represents them in audits, administrative proceedings, litigation and appeals. He has argued cases for clients at the Illinois Supreme Court, the Illinois Appellate Court and the New York Supreme Court (Appellate Division).

Multistate Expertise, National Impact

As an active thought leader and speaker in the SALT community, as well as an adjunct professor at Northwestern University Pritzker School of Law, David offers a unique perspective and knowledge drawn from years of hands-on, practical experience.

Experience

  • MeadWestvaco Corp. v. Illinois Department of Revenue, 128 S.Ct. 1498 (2008) (income tax on sale of non-unitary division)
  • Irwin Industrial Tool Co. v. Department of Revenue, 238 Ill2d 332, 938 NE2d 459, 345 Ill Dec 20 (2010)(use tax on airplane hangared outside the state)
  • Milwaukee Safeguard v. Selcke, 179 Ill 2d 94, 688 NE2d 68 , 227 Ill Dec 731 (1997) (constitutional challenge to insurance premiums tax)
  • Borden Chemicals and Plastics v. Zehnder,726 NE2d 73, 312 Ill App 3d 35 (2000) (income tax on non-resident limited partner)
  • Home Interiors & Gifts v. Illinois Department of Revenue,251 Ill Dec 820, 741 NE2d 998 (2000) (income tax on interest from non-working capital)
  • The Home Depot USA v. Hamer, Illinois Appellate Court unpublished order (2010) (sales tax bad debt deduction)
  • Ogden Chrysler Plymouth v. Bower,251 Ill Dec 820, 741 NE2d 998 (2004) (sales tax on car manufacturer incentive payments)
  • Exxon Corp. v. Bower,Illinois Appellate Court unpublished order (2004) (income tax on distributive share from non-resident partnerships)
  • Stark Materials Company v. Illinois Department of Revenue,812 NE2d 362, 349 Ill App 3d 316 (2004) (sales tax on delivery charges)
  • The Dow Chemical Company v. Illinois Department of Revenue,359 Ill App. 3d 1, 832 NE2d 284 , 295 Ill Dec 133 (2005) (unitary business group determination for income tax)
  • Nationwide General Insurance Company, et al. v. Shapo, 263 Ill Dec 210 , 767 NE2d 936 (4th Dist. 2002)(insurance premiums tax refunds for unconstitutional tax)
  • Nicor Corp. v. Illinois Department of Revenue, No. 1-07-1359 (Illinois Appellate Court, unpublished) (2008) (income tax on sale of subsidiary)

Education

Columbia University, J.D.

University of Notre Dame, B.A., magna cum laude

Admissions

Illinois

Professional Memberships

  • Chicago Bar Association’s State and Local Taxation Committee, Former Chair
  • Chicago Tax Club, Chair, Indirect/Operational Tax Committee
  • Illinois CPA Society, former SALT Committee Chair
  • American Bar Association
  • Association of Consumer Vehicle Lessors (ACVL)
  • Unclaimed Property Professionals Organization (UPPO)
  • Adjunct Professor, LLM Tax Program at Northwestern University Pritzker School of Law

News

Events

Publications

blog

  • To Deduct or Not Deduct: The Illinois Personal Service Income ConundrumJanuary 17, 2018

    On December 11, 2017, the Illinois Department of Revenue (?Department?) issued proposed regulations that seek to clarify the scope of the deduction by setting forth specific rules and hypothetical examples. Nevertheless, even with the proposed regulations, the deduction is beset by ambiguities that will continue to create confusion for taxpayers currently under audit or who intend to claim the deduction in future years.

  • Illinois Appellate Court Issues Decision on Temporary Storage ExemptionAugust 4, 2017

    On June 28, 2017, the Illinois Appellate Court in Shared Imaging, LLC v. Hamer, 2017 IL App (1st) 152817, P1 (Ill. App. Ct. 1st Dist. June 28, 2017) reversed the Circuit Court?s decision and held that Shared Imaging, LLC (the ?Taxpayer?) is entitled to a depreciation deduction on the selling price of units of equipment that occurred prior to their return to Illinois, a credit for taxes paid to other states for the periods before the units were returned to Illinois, and abatement of penalties on those units of equipment that were acquired outside of Illinois but returned to Illinois after the initial storage.

  • A Long Time in the Making: Illinois (Finally) Proposes Draft Regulations to Clarify the Reasonable Compensation DeductionMarch 16, 2017

    In January 2017, the Department of Revenue took steps to clarify the scope of the Reasonable Compensation Deduction by proposing draft regulations. Despite the admirable intention of the Department, the proposed regulations nevertheless only seem to shine a dim flashlight on the opaque statute.

Education
  • Columbia University, J.D.
  • University of Notre Dame, B.A., magna cum laude
Admissions
  • Illinois
500 West Madison Suite 3700
Chicago IL 60661

Phone: 312-606-3200 Fax: 312-606-3232
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