Knowledge Center


  • April 16, 2019
    Marilyn Wethekam Published In State Tax Notes, (Volume 91, Number 11) - "Should States Embrace GILTI?"
    Should states embrace GILTI? Marylin Wethekam gives her opinion: "While the rationale for GILTI may work at the federal level, its adoption at the state level raises several issues and concerns." Read the full brief here.
  • April 1, 2019
    Breen Schiller Published in Journal of State Taxation (Volume 37, Issue 2) – “2018: An Income Tax Year in Review”
    Breen M. Schiller provides a review of significant income tax developments and court cases in 2018 published by Journal of State Taxation.
  • January 15, 2019
    John Guzzardo and Rick Rein Published in NABT American Bankruptcy Trustee Journal
    John Guzzardo and Rick Rein wrote an article for American Bankruptcy Trustee Journal regarding the use of Consent Directives to locate offshore assets.
  • September 21, 2018
    Marilyn Wethekam Published in State Tax Notes - "The Change of the Landscape - Be Careful What you Wish For as You May Get It, The Aftermath of Wayfair"
    Be careful what you wish for, because you may get it is a fitting epitaph for the Wayfair decision. In the prophetic words of Justice Byron White, the "vagaries of physical presence" were tested and the concept as applied in a sales tax context has been laid to rest.
  • August 7, 2018
    The Trustee and the Bitcoin: Identifying and Recovering International Cryptocurrency Assets
    Cryptocurrency has been all the rage recently in the financial and legal news. Everyone has or knows someone who owns bitcoin (the most common form of cryptocurrency), but what exactly is cryptocurrency?
  • July 9, 2018
    Takeaways from Wayfair - By HMB's SALT Team
    Everyone is by now likely familiar with the recent Wayfair decision and its central holding. Prior to Wayfair, businesses had some degree of comfort that they would not be required to collect and remit sales or use taxes to states in which those businesses did not have physical presence. Now that the physical presence test is gone, state legislation must be reviewed on a case-by-case basis to determine whether it will survive Commerce Clause scrutiny.
  • July 5, 2018
    David Hughes Published By Taxpayers' Federation of Illinois - "Tangible Personal or Real Property? An Illinois Sales Tax Quandary"
    While distinguishing between tangible personal property and real property is necessary in several contexts, it is not always a simple determination to make, particularly from a tax perspective.
  • May 14, 2018
    Challenges in Discovering Perpetrators of International Cryptocurrency Frauds
    The use of cryptocurrencies is increasing at a staggering pace. As cryptocurrency use becomes mainstream, its use as a form of payment and storage as an asset will increase across industries and among companies and individuals.
  • January 17, 2018
    To Deduct or Not Deduct: The Illinois Personal Service Income Conundrum
    The Illinois replacement tax allows an LLC or partnership to deduct from its base income ''personal service income'' or a reasonable allowance for compensation paid or accrued for services rendered by the partners.
  • January 5, 2018
    Marilyn Wethekam "2018, the Year to Marginalize Quill"
    2017 was to be the year of federal tax reform. The initial federal tax reform proposals were more theoretical than detailed. There was, however, a common theme. The proposed reform was focused on territorial concepts, taxing imports, encouraging repatriation of foreign earnings by reducing the rate of tax on those earnings and stimulating the expansion of domestic manufacturing by expensing cost recovery.
  • December 6, 2017
    2017 Year-End Tax Letter: Anticipating Change
    Congress appears poised to enact a major tax reform that could potentially make fundamental changes in the way you and your family calculate your federal income tax bill, and the amount of federal tax you will pay. This letter is designed to help you evaluate the changes that Congress is working on right now, and how those changes may impact your personal tax situation for 2017 and future years.
  • October 29, 2017
    Look Before You Leap: Demystifying Cross-Border Recoveries
    Rick Rein Contributed to an article discussing Local jurisdictions and establishing a plan of action for achieving an international recovery of an asset.
  • August 14, 2017
    Sins of the States: Local Government’s Search for Revenue, State Tax Notes, July 17, 2017
    The focus of the SALT community's discussion generally has been on the states' search for revenue and the creation of new revenue sources. What has been overlooked in that discussion, however, is the revenue needs of cities, counties, and other local governmental bodies.
  • August 14, 2017
    Timing Is Everything - Reporting of Revenue Agents Reports
    Nowhere in the state tax world is that statement more important than complying with the state filing requirements for reporting changes to federal taxable income.
  • July 21, 2017
    Telecoms Face Tough Tax Questions Surrounding Realty Versus Personality Classifications
    David's article explores the ramifications of treating something as tangible personal or real property for sales/use and property tax purposes, specific to the telecommunication industry.
  • June 5, 2017
    "Key Issues for Collectors: Buyer Beware," Family Foundation Advisor, May/June 2017
    Recent cases have brought to the forefront issues regarding the risks of purchasing art.
  • May 29, 2017
    30 Things I've Learned After 30 Years as an Estate Planner
    The ABA published this article in one of their journals and it expresses my views of what makes a satisfying client relationship, as well as a satisfying relationship with partners, referral sources, and the legal practice generally.
  • May 1, 2017
    Marilyn Wethekam Published in State Tax Notes "How Would Federal Tax Reform Affect States?"
    There are a number of federal tax reform proposals currently being discussed. The question is what impact these proposals will have on state taxes. Will the reforms result in a state windfall or a revenue loss? What are the administrative complexities that must be addressed? The devil is in the details!
  • February 1, 2017
    HMB's John Wiktor and Christin Handa are Published in Family Foundation Advisor's Jan/Feb 2017 Issue
    "How to Connect With the Next Generation of Philanthropists"
  • January 12, 2017
    The Challenges of Leasing Mobile Property
    David Machemer provides an overview of some of the technical tax issues that may be encountered when leasing vehicles used to transport persons or property in interstate commerce.
  • January 2, 2017
    HMB's Marilyn Wethekam Published in State Tax Notes "Board Sheds Light on Dark Horse Issues of 2017"
    Factor Presence Nexus — The Unforeseen Consequences
  • October 31, 2016
    “Philanthropy Well Planned,” Family Foundation Advisor, Sept/Oct 2016
    Charitable philanthropy is a bedrock of our society, and large sections of the tax code are devoted to rules that foster charitable giving while ensuring that gifts meet real and important social needs.
  • August 1, 2016
    "Fair Warning: Special Tax Treatment May Change for Art Collectors," Family Foundation Advisor, July/Aug 2016
    Special tax treatment for collectors, including the use of private foundations, has provided for unique planning opportunities. However, recent government pronouncements may impact the availability of attractive techniques.
  • June 22, 2016
    HMB's Breen Schiller Quoted in Tax Notes Article Regarding OTC Markup Charges
    In a case that focused on statutory language, a federal district court June 20 held that online travel companies (OTCs) have to collect and remit local hotel taxes to municipalities based on the net wholesale price they paid to hotels, not on the retail price they charged customers, with the exception of one locality
  • March 22, 2016
    "Bankruptcy: Back to Basics," CFDD Credit Retreat, Troutdale, Ore. (February 2014)
  • February 16, 2016
    "Being 'Tax-Wise' When Managing an Art Collection," Journal of Taxation of Investments, Winter 2016
    An art collection may begin as a labor of love but, while the passion may remain, the collection typically also comes to be seen as a major financial investment_one that merits serious tax planning. This article provides an overview of critical tax considerations for collector, and suggest strategies for minimizing the income tax, gift tax, and estate tax liability.
  • January 21, 2016
    IL Shipping and Handling Regs Part 130.410 and 130.415 Second Notice
  • January 12, 2016
    What's Happening Today, NYU State and Local Conference, December 2015
    What's Happening Today, NYU State and Local Conference, December 2015
  • December 28, 2015
    COST Amicus Brief
    Horwood Marcus & Berk joined with the Council on State Taxation in filing an amicus brief in the Mississippi AT&T matter arguing the favorable treatment for dividends received from Mississippi taxpayer violated the dormant commerce clause.”
  • December 23, 2015
    "Drop Shipments in a Digital Age," Journal of State Taxation, Fall 2015 Edition
    Marilyn Wethekam and Breen Schiller delve deep into the murky tax issues created by drop shipments in the digital world.
  • December 8, 2015
    The Struggle is Real: Airbnb is Faced with the Same Compliance & Collection Woes as Traditional Hotels and the Online Travel Companies
  • November 5, 2015
    Request Representations and Warranties for Items Crucial to Operation
    Even if a space seems to be perfect for your office or retail business, it could have flaws that won’t pop up until after the lease is signed, and you have little or no recourse against the property’s owner. That’s why it’s important to remember that your lease negotiations aren’t limited to just the usual issues, such as determining the length of the lease term and renewals, hashing out a cotenancy clause, and agreeing on operating expenses.
  • October 1, 2015
    “Double Exposure: The Benefit of Private Operating Foundations for Collectors," Family Foundation Advisor. Sep/Oct 2015
    To assist art collectors in the management of their art collection, Double Exposure explores the use of a private operating foundation to avoid income, sales, and estate taxes and create an immediate charitable tax deduction.
  • August 14, 2015
    The Art of Well-Crafted Planning for Good Deeds
    For art collectors and other charitable donors, proper gift planning for donations is essential.
  • May 4, 2015
    "Planning for Art Investments: Taxation, Valuation, Estate Planning, and Charitable Giving," Civic Research Institute, April 2015
    This book was written for those whose interest in art and collecting has become a serious and important part of their lives.
  • August 22, 2013
    HMB Analysis of Colorado's "Amazon Law"
    On August 20, 2013, the United States Tenth Circuit Court of Appeals vacated the March 30, 2012 injunction issued by the District Court for the District of Colorado...
  • July 24, 2013
    HMB Prevails on Its Motion for Preliminary Injunction to Enjoin Cook County from Enforcing Use Tax
    On July 24, 2013, Judge Lopez Cepero of the Cook County Circuit Court issued a preliminary injunction enjoining Cook County from enforcing the Cook County Non-Titled Personal Property Use Tax. The County will now file a motion to reconsider, and HMB will have the opportunity to respond.
  • June 4, 2013
    Challenge to Cook County's Non-Titled Personal Property Use Tax
    Horwood Marcus & Berk is pleased to announce that its challenge to Cook County Non-Titled Personal Property Use Tax is set for a hearing on July 24, 2013 on our motion for a preliminary injunction.
  • January 1, 2013
    A Recipe for Bad Tax Policy: False Claims Acts and State Taxation
    A handful of relators have mischaracterized complicated and controversial areas of state tax law as having been settled and are instituting actions against taxpayers that have made justifiable decisions regarding their responsibilities.
  • January 28, 2011
    Preliminary Injunction Blocks Colorado Notification and Reporting Requirements for Out-of-State Retailers
    On January 26, 2011, the U.S. District Court for the District of Colorado granted Direct Marketing Association ("DMA") Motion for Preliminary Injunction and enjoined the Colorado Department of Revenue ("Department") from enforcing its sales/use tax notice and reporting requirements on out-of-state retailers who are not required to collect/remit sales tax...
  • March 19, 2009
    Department's Explanation and Direction Regarding Audits Dealing with Section 404 (the Equivalent to IRC Section 482)
    In a memorandum dated September 4, 2008, we discussed a recent amendment made to Section 404 of the Illinois Income Tax Act...

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