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Articles by Robert Romashko
As U.S. Plug-In Solar Market Expands, So Do Tax Risks
Background – States Play Catch-Up with Other Countries The United States has lagged, from a regulatory perspective, in approving plug-in solar technology. As of January 1, 2026, only one state, Utah, had legislation allowing the use of these systems. But this is changing rapidly: in 2026, 8 additional states (Colorado, Connecticut, Maine, Maryland, New Hampshire, New York, Vermont, and Virginia) have passed bills legalizing the technology, with legislation pending in other states.
As U.S. Plug-In Solar Market Expands, So Do Tax Risks
Plug-in solar systems (also known as balcony solar or apartment solar) have been legalized by seven states this year. This opens up new markets to the sellers of small solar panels, microinverters, and their related equipment. Companies that look to take advantage of this opportunity should be mindful up front of the tax obligations that come with expansion into new states. This is an area where a little up-front work can reduce risk on the back end.
Michigan Appeals Court Decides Proper Sourcing of Wholesale Electricity Sales for Apportionment | JD Supra
Companies that generate electricity generally sell to an electric grid operator that coordinates and controls the transmission of electricity. Such operators may sell electricity in multiple states. Questions arise as to where, for state income tax purposes, the generator is required to source its income.
Illinois Rules that Sales Tax Applies to Equipment Used to Produce RNG
Like many states, Illinois provides an exemption to its Retailers Occupation Tax (sales tax) for machinery and equipment primarily used in a manufacturing operation. However, that exemption does not extend to machinery and equipment used in "the...
Illinois DOR Clarifies Application of New Tax on Pre-2025 Operating Leases | JD Supra
Effective January 1, 2025, Illinois’ Public Act 103-592 changed how the state taxes operating leases. Prior to this change, Illinois did not tax receipts from the lease of tangible personal property. Instead, lessors were considered the end users and incurred tax liability when they purchased the property they subsequently leased.
Deadlines for Partnership Challenges Clarified in Tax Court Case Original
The US Tax Court’s Oct. 21 ruling in North Wall Holdings LLC v. Commissioner offers a glimpse into the court’s general approach to whether its statutory deadlines are jurisdictional. Practitioners should be aware of this case because the years under which the Tax Equity and Fiscal Responsibility Act could apply to a case may remain open for some partnerships, even if it doesn’t apply to more recent partnership audits.
The Risks of Trade-Related FCA Enforcement
In March 2025, in a similar blog post to this one, Nithya Nagarajan and Robert Romashko forecasted that False Claims Act (“FCA”) enforcement would increase under the current tariff-focused trade policy regime. Sure enough, the Department of Justice (“DOJ”) recently announced two FCA resolutions involving allegations of failure to pay customs duties and evasion of antidumping and countervailing duties.
Missouri Eliminates Tax on Capital Gains | JD Supra
On July 10, 2025, Missouri Governor Mike Kehoe signed House Bill 594 into law, amending RSMo. § 143.121 to exempt capital gains from its existing state income tax. For tax years beginning on or after January 1, 2025, income reported as capital gain for federal tax purposes is subtracted when calculating an individual’s Missouri adjusted gross income.
New Executive Order Targets Wind and Solar Tax Credits | JD Supra
On July 7, 2025, President Trump signed the executive order “Ending Market Distorting Subsidies for Unreliable, Foreign-Controlled Energy Sources.” The EO directs the Secretary of the Treasury to “strictly enforce” the termination of Section 45Y production tax credits and Section 48E investment tax credits for wind and solar facilities, and to issue updated guidance within 45 days—specifically aimed at clarifying and tightening the “beginning of construction” rules for energy projects.
Senate Version of One Big Beautiful Bill Act Clarifies Foreign Entity Restrictions on Renewable Energy Tax Credits | JD Supra
The Senate Finance Committee recently released its own draft of the “One Big Beautiful Bill Act” (the Bill) previously passed by the House as H.R. 1. Both the House and Senate versions of the Bill impose restrictions on Inflation Reduction Act (IRA) tax credits based on “material assistance” from “Foreign Entities of Concern” (FEOCs). The House version lacked significant details on what “material assistance” was.
Steep Phase-Out of Wind and Solar Tax Credits in Draft Bill Text Released by Senate Finance Committee | JD Supra
On June 16, 2025, the Senate Finance Committee released its version of the “One, Big Beautiful Bill” (OBBB) that would create a steep phase-out of renewable energy tax credits—notably, renewable energy companies would have to start construction on wind and solar projects before December 31, 2025, to receive 100% of the available tax credits.
IRS Win at Supreme Court Allows Agency to Hinder Taxpayer Rights Original
The US Supreme Court’s decision in Commissioner v. Zuch demonstrates a lack of familiarity with the day-to-day realities of tax administration and creates an opportunity for future bad behavior by the IRS. One problem with judicial decisions about tax law is that many judges aren’t particularly interested in it.
Tax Credit Transfers May Have Unexpected State Tax Consequences
One of the most celebrated features of the Inflation Reduction Act (“IRA”) is the ability to sell tax credits, including the Production Tax Credit (“PTC”) under Internal Revenue Code (“IRC”) § 45 and the Investment Tax Credit (“ITC”) under IRC § 48.
Tax Credit Transfers May Have Unexpected State Tax Consequences | JD Supra
State Income Tax, Tax Conformity, and Exceptions 44 states and Washington, D.C. impose state income taxes on corporate entities. An additional four states impose taxes on gross receipts rather than income. All states with income taxes, and three of the four states with gross receipts taxes, incorporate at least some provisions of the federal IRC, and any applicable regulations in force, to provide the methodology for calculating certain deductions, income, receipts, and other items.
IRS Cutbacks May Impact Healthcare M&A Transactions | JD Supra
Taxpayers may encounter a variety of challenges as the IRS is facing one of its smallest (and least experienced) workforces since the 1970s. Continuing the theme of our previous article authored by Robert Romashko, the following discussion highlights some specific tax diligence areas of concern in the healthcare space. The problems of a very outdated IT system still exist – the IRS still uses fax machines in communications with taxpayers.
Executive Order Highlights Risks to Nonprofit Tax-Exempt Status | JD Supra
President Trump’s executive order (EO) “Restoring Public Service Loan Forgiveness,” issued March 7, 2025, sets limits on student loan forgiveness under the Public Service Loan Forgiveness (PLSF) program. But the language used in the EO to describe organizations excluded from forgiveness suggests that the administration believes such organizations do not qualify for tax exemption under existing case law.
FCA Enforcement May Increase In a Tariff Focused Trade Policy Regime | JD Supra
The first seven weeks of the second Trump Administration has revealed that tariffs are going to be a primary tool in the administration’s trade arsenal to address both domestic and foreign trade policy goals. What is critical to understand is that tariffs are only a viable tool if U.S. Customs and Border Protection (“CBP”) can properly enforce and collect those tariffs. The False Claims Act (“FCA”) might be increasingly used by the administration to enforce trade goals.
FCA Enforcement May Increase In a Tariff Focused Trade Policy Regime
The first seven weeks of the second Trump Administration has revealed that tariffs are going to be a primary tool in the administration’s trade arsenal to address both domestic and foreign trade policy goals. What is critical to understand is that tariffs are only a viable tool if U.S. Customs and Border Protection (“CBP”) can properly enforce and collect those tariffs. The False Claims Act (“FCA”) might be increasingly used by the administration to enforce trade goals.
Impending IRS Workforce Cuts Mean Taxpayers Should Act Now to Resolve IRS Issues | JD Supra
The New York Times reported on March 4, 2025, that the Trump administration is aiming to cut half of the Internal Revenue Service’s workforce by the end of the year. The cuts are reportedly across all divisions of the IRS, reducing the IRS’s workforce from approximately 100,000 at the beginning of the year to 50,000.
Federal Government Freezes Grant/Loan Disbursements – What It Means for Nonprofits | JD Supra
On January 27, 2025, the United States Office of Management and Budget (OMB) issued a pause, set to go into effect at 5 p.m. on January 28, to all “federal financial assistance programs and supporting activities.” The order is sweeping in its scope, suggesting that it applies to approximately $3 trillion of annual federal spending, including: Grants, cooperative agreements, non-cash contributions or donations of property (including surplus property), direct appropriations, food commodities,...
Texas Franchise Tax Updates for 2024 | JD Supra
The calendar year 2024 will bring multiple changes to the Texas franchise tax. Taxpayers responsible for entities operating in Texas should be aware of these rules as they plan for their filing and payment obligations in the year ahead. The no tax due threshold is increased For reports originally due on or after January 1, 2024, the no tax due threshold is increased to $2,470,000 of annualized total revenue, more than doubling the prior $1,230,000 threshold. See Tex. Tax Code § 171.002(d)(2).
IRS Takes Aim at High Earners, Large Partnerships, and Corporations Using AI | JD Supra
When the Inflation Reduction Act was passed last year, the legislation included massive funding increases for the Internal Revenue Service (IRS). The initial narratives regarding the funding increases focused primarily on “modernizing” the agency’s out-of-date technology and providing greater support for taxpayers, particularly during the chaos of tax season when the agency is inundated with a backlog of tax returns.
Indiana Legislation Impacts Mobile Workforces and Asset Acquisitions | JD Supra
On May 4, 2023, Indiana Governor Eric Holcomb signed legislation (Laws 2023, SB419) that, among other tax changes, included provisions to exempt from income tax nonresidents receiving compensation for employment duties performed in the state for 30 days or less, and to institute sales tax successor liability when more than one-half of the value of tangible personal property is obtained.
IRS Signals Increased Reliance on Partnership Anti-Abuse Rules | JD Supra
Speaking at a Practicing Law Institute program on April 25, Internal Revenue Service (IRS) lawyer Clifford Warren indicated that the IRS has been using the anti-abuse rule of Treasury Regulation Section 1.701-2 to scrutinize various partnership arrangements and that it will continue doing so as it ramps up enforcement.
U.S. Treasury Department Seeks Input On Six Notices Related to Inflation Reduction Act | JD Supra
On October 5, 2022, the U.S. Department of the Treasury highlighted six separate notices requesting initial general public comments in response to specific sets of questions pertaining to climate and clean energy tax incentives in the Inflation Reduction Act of 2022. These comments are due by November 4. The six notices are as follows: The Department of Treasury will also release a fact sheet that includes additional information about the Notices and Treasury and the IRS’s implementation process.
Decoupling of Section 280E from State Tax Codes
On May 18, 2022, in a 153-2 vote, the Massachusetts House of Representatives voted to amend the state’s tax code to provide income tax relief for Massachusetts cannabis businesses. The Massachusetts House and Senate will go through a conference committee process before both chambers vote on a final bill, which would then be sent to the Governor’s desk for signature.
Decoupling of Section 280E from State Tax Codes | JD Supra
On May 18, 2022, in a 153-2 vote, the Massachusetts House of Representatives voted to amend the state’s tax code to provide income tax relief for Massachusetts cannabis businesses. The Massachusetts House and Senate will go through a conference committee process before both chambers vote on a final bill, which would then be sent to the Governor’s desk for signature.
Decoupling of Section 280E from State Tax Codes
A corporate transactional attorney by trade, Steve transferred his skills from mergers and acquisitions to the hospitality industry – and eventually to cannabis. Since 2010, Steve’s major focus has been on the burgeoning cannabis industry, where he guides clients through the tangle of A corporate transactional attorney by trade, Steve transferred his skills from mergers and acquisitions to the hospitality industry – and eventually to cannabis.
New Federal Infrastructure Legislation Eliminates Employee Retention Credit | JD Supra
The Infrastructure Investment and Jobs Act sunsets the ERC three months earlier than employers expected via prior legislation. On Monday, November 15, President Joseph Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (the Infrastructure Act). Although the legislation contains only a few tax provisions, one surprising change is the early termination of the employee retention credit (ERC) as of September 30, 2021.
Stablecoin Market Could Gain from Self-Regulatory Efforts | JD Supra
With federal legislation unlikely, mainstream adoption of digital assets could depend on the industry's own standard-bearing. In 2021 the market for and interest in stablecoins—digital assets designed to maintain a stable value relative to a national currency—has skyrocketed, increasing over 500% with a market cap of approximately $130 billion.
U.S. Government Targets Digital Assets for Additional Revenue | JD Supra
The newly passed infrastructure package contains tax implications for cryptocurrency, as well as definitions for “broker” and “digital assets” that may have long-term legal implications. On Friday, November 5, the House of Representatives passed the Bipartisan Infrastructure Framework bill, formally known as the Infrastructure Investment and Jobs Act (the "Act").
Supreme Court Declines To Hear Challenge To IRS Enforcement Of Cannabis Tax Rules
United States: Supreme Court Declines To Hear Challenge To IRS Enforcement Of Cannabis Tax Rules 16 July 2021 by Robert M. Romashko (Denver) and Steven N. Levine (Denver) Husch Blackwell LLP To print this article, all you need is to be registered or login on Mondaq.com. On June 21, 2021, the U. S. Supreme Court declined to hear Eric D. Speidell, et al., Petitioners v. United States, which sought to overturn the Tenth Circuit Court of Appeals' 2020 opinion on Speidell v. United States.
Supreme Court Declines to Hear Challenge to IRS Enforcement of Cannabis Tax Rules
On June 21, 2021, the U. S. Supreme Court declined to hear Eric D. Speidell, et al., Petitioners v. United States, which sought to overturn the Tenth Circuit Court of Appeals’ 2020 opinion on Speidell v. United States. In that case, the Tenth Circuit rejected the argument of several Colorado medical marijuana dispensaries that the Internal Revenue Service (IRS) does not have authority to investigate whether a taxpayer is dealing in controlled substances.
Supreme Court Declines To Hear Challenge To IRS Enforcement Of Cannabis Tax Rules | JD Supra
On June 21, 2021, the U. S. Supreme Court declined to hear Eric D. Speidell, et al., Petitioners v. United States, which sought to overturn the Tenth Circuit Court of Appeals’ 2020 opinion on Speidell v. United States. In that case, the Tenth Circuit rejected the argument of several Colorado medical marijuana dispensaries that the Internal Revenue Service (IRS) does not have authority to investigate whether a taxpayer is dealing in controlled substances.
Biden's Green Book Includes Retroactive Capital Gains Tax Increase | JD Supra
On Friday, May 28, 2021, the Biden Administration released its Green Book setting out the President’s revenue and policy proposals.
American Families Plan Steps Up IRS Focus On High-Net-Worth Individuals | JD Supra
On May 20, 2021, the Department of the Treasury released the American Families Plan tax compliance agenda, detailing the tax compliance initiatives in President Biden’s American Families Plan. The tax compliance agenda is primarily concerned with narrowing the “tax gap” – the approximately $600 billion annual difference between taxes owed and taxes actually paid. The proposal to do so focuses heavily on high-net-worth individuals.
U.S. Tax Court Finds "Disqualified Person" Definition For Nonprofit Excess Benefit Rules Is Expansive | JD Supra
On May 17, 2021, the U.S. Tax Court issued a Memorandum Opinion in Vincent J. Fumo v. Commissioner, T.C. Memo. 2021-61, regarding the definition of a “disqualified person” under I.R.C. section 4958(a)(1). Managers of tax-exempt organizations should be aware of the opinion because it provides guidance as to when a person without formal affiliation with an organization will be held to be disqualified persons to whom the excess benefit transaction rules apply.
Tax Court Rules In Favor Of Generic Drug Manufacturer On Deductibility Of Patent Litigation Expenses In Connection With ANDAs
United States: Tax Court Rules In Favor Of Generic Drug Manufacturer On Deductibility Of Patent Litigation Expenses In Connection With ANDAs 13 May 2021 by Albert Y. Lin , Don J. Mizerk and Robert M. Romashko Husch Blackwell LLP To print this article, all you need is to be registered or login on Mondaq.com.
Tax Court Rules In Favor Of Generic Drug Manufacturer On Deductibility Of Patent Litigation Expenses In Connection With ANDAs | JD Supra
On April 27, 2021, the United States Tax Court held that legal fees incurred by generic drug manufacturers in connection with “Section 271(e)(2)” patent infringement suits are deductible as ordinary business expenses and need not be capitalized. The opinion contradicts longstanding IRS field advice, and has potential applicability to generic drug manufacturers and others who have capitalized legal fees in recent years.
Employers Have Limited Extension For Payment Of Social Security Taxes | JD Supra
Pursuant to the CARES Act, many employers took advantage of the ability to defer payment of the employer portion of certain social security taxes that were otherwise due during 2020. Some have asked questions about whether these rules have been modified by the new stimulus law (the Consolidated Appropriations Act, 2021). The short answer is no. Fifty percent of the deferred 2020 amounts must be paid by December 31, 2021, and the remaining fifty percent must be paid by December 31, 2022.
A Summary Of CARES Act Tax Relief Provisions | JD Supra
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IRS Updates Tax Filing And Payment Guidance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
U.S. Supreme Court’s Decision On Sales Tax Has Big Implications | JD Supra
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