Recent Cases and Challenges in Tax Litigation with Jordan Goodman

This week on the SALTovation podcast we discuss the ever-changing landscape of state and local tax with guest Jordan Goodman, Attorney at HMB Law. Jordan highlights the rapid pace of developments in SALT and the challenges faced by businesses and taxpayers. Jordan talks about the need to understand the impact of changing policies and regulations on businesses and individuals. He also discusses recent court cases and their implications for taxpayers. Jordan raises concerns about retroactivity in tax laws and the need for fair and transparent processes in tax administration. Listen as Jordan shares his thoughts on the taxation of digital advertising and the evolving nature of nexus rules. 

Topics discussed in this episode:

• States' competition and the need to expand tax bases
• How retroactivity in tax laws creates challenges for taxpayers and may violate due process
• Challenges faced by smaller retailers in dealing with compliance burdens
• Alternative apportionment and the court’s role in determining its applicability
• The need for a more comprehensive approach to apportionment
• How taxpayers can engage with state and local jurisdictions to address tax issues and work towards fair and reasonable solutions.

Quotables:

• "I think the competition among the states and the locals now are really emphasized because everybody went to a single sales factor. You have to import it. But now they're realizing there's limitations to that and they've got to look at things differently. ” -Jordan Goodman [04:30]

• “The government is looking for the ability to raise revenue without offending the electorate by putting it on people. Whether it's corporations, which always was the tag, but now it's wealthy individuals. They don't pay their fair share, so you're kind of pushing the burden out to other people. And the wealthy people only get one vote. So it's a very good common man type argument.” -Jordan Goodman [08:06]

• “If you're going to pass a regulation it has to go through a certain process and you have to have open comments and time for it and meetings and it's got to go for a first reading and a second reading and all the states are different. It's a unique way to challenge things but it can be very effective.” -Jordan Goodman [16:04]

• “I was raised with this principle that as an advocate, I can argue both sides of any issue and I actually think I'm obligated to do it. The state should pick a side, right? They have to decide what side they're on and go with it. Now, you may make half the people angry and half the people sad, but that's the choice they have to make for advocates. We can argue both sides and in fact makes my wife very angry when I just play devil's advocate because that's.” -Jordan Goodman [24:15]

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