On Wednesday the Supreme Court hearing for the Wynne’s was held.
Quick reminder – this case involves offsetting the Maryland Piggyback
taxes with taxes paid to other states. This is an interesting case when
you look beyond the details. The real issue for the court to decide is
which is more important – states’ rights or the Commerce Clause in the
Constitution. The decision could have an impact well beyond Maryland
taxes.
I read the transcript from the hearing and based on the questions
asked by the justices, there seems to be a lean towards the taxpayers.
The Maryland Solicitor General represented Maryland; the justices
interrupted him many times to challenge what he was saying. Several
justices asked pointed questions that seemed to indicate they disagree
with the Maryland position, particularly Chief Justice Roberts. The
court has until the end of the current term in June to make a decision,
so we will not know for sure until then.
Please contact the KatzAbosch SALT Group if you have any questions regarding Maryland tax filings, or any other SALT issues.
The SALT (State and Local Tax) Shaker is prepared by Andy Bareham, CPA, MST, Chair of the KatzAbosch SALT Group.
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