Lauren A. Ferrante
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Lauren A. Ferrante focuses her practice on state and local taxation. She represents taxpayers at all stages of state and local controversy disputes at the audit, administrative and judicial levels. Lauren also assists taxpayers with planning, transactional, and compliance matters with respect to various state and local taxes, including income and franchise, sales and use, gross receipts and other miscellaneous taxes. Read Lauren Ferrante's full bio.
Another Effort at False Claims Act Reform: Bills Introduced to Amend Illinois Act to Restrict Tax-Related Claims
By Lauren A. Ferrante and Mary Kay McCalla Martire on Feb 16, 2017
Posted In False Claims Act, Illinois
Illinois Legislators have recently introduced three bills that would amend the Illinois False Claims Act (“Act”) to restrict the ability to bring tax-related claims. Senate Bill 9, the proposed “grand bargain” to resolve Illinois’ budget stalemate, includes language that would eliminate the ability to use the Act to bring tax claims. In addition, Representative Frank...
By Catherine A. Battin and Lauren A. Ferrante on Jan 25, 2017
Posted In Constitutional Issues, Illinois, Local Tax
The Illinois Supreme Court, in Hertz Corp v. City of Chicago, 2017 IL 119945 (Jan. 20, 2017) , held that the City of Chicago’s ruling requiring rental car companies located within three miles of the City to collect tax on vehicle rentals is unconstitutional under the home rule article of the Illinois Constitution. Hopefully, the...
By Lauren A. Ferrante, Catherine A. Battin and Mary Kay McCalla Martire on Oct 19, 2016
Posted In False Claims Act, Illinois, Sales Tax
On Monday, October 17, the Illinois Appellate Court issued another taxpayer-friendly opinion in an Illinois False Claims Act case alleging a failure to collect and remit sales tax on internet and catalog sales to customers in Illinois (People ex. rel. Beeler, Schad & Diamond, P.C. v. Relax the Back Corp., 2016 IL App. (1st) 151580))....
Another Taxpayer Victory in Illinois False Claims Act Litigation, Affirming a Taxpayer’s Right to Rely On Qualified Third Parties For Tax Return Preparation
By Lauren A. Ferrante and Mary Kay McCalla Martire on Sep 13, 2016
Posted In Illinois
On August 30, 2016, following a one day bench trial, Cook County Circuit Judge Thomas Mulroy ruled in favor of Treasury Wine Estates (“TWE”) in Illinois False Claims Act (“Act”) litigation filed by the law firm of Stephen B. Diamond, PC (“Relator”). Relator alleged that TWE had violated the FCA by knowingly failing to collect...
By Lauren A. Ferrante and Mary Kay McCalla Martire on May 24, 2016
Posted In Constitutional Issues, False Claims Act, Illinois, Nexus, Sales Tax
At a hearing yesterday, Cook County Circuit Judge James Snyder granted the State of Illinois’ (State) Motion to Dismiss 201 Illinois False Claims Act (FCA) cases filed by the law firm of Stephen B. Diamond, PC (Relator) against out-of-state liquor retailers. The lawsuits alleged that the defendants were obligated to collect and remit sales tax...
By Jane Wells May and Lauren A. Ferrante on May 19, 2016
Posted In Income Tax, Nationwide Importance, Tax Base
In this article, the authors examine recent judicial and administrative developments related to the “subject-to-tax” exception of state addback statutes and present avenues for potential challenge. Read the full article.
Illinois Department of Revenue Further Revises its Proposed Amendments to Shipping and Handling Regulations
By Lauren A. Ferrante and Mary Kay McCalla Martire on Feb 19, 2016
Posted In False Claims Act, Illinois, Local Tax, Sales Tax
The Illinois Department of Revenue (Department) has further revised its recently proposed amendments to the regulations governing the taxability of shipping and handling charges. See our prior coverage here. The revisions to the Proposed Amendments to 86 Ill. Admin. Code §§ 130.415 and 130.410 (Revised Proposed Amendments) were made in response to particular comments and concerns raised...
Illinois Appellate Court Upholds Finding of Consumer Fraud Act Violation in Sales Tax Overcollection Case
By Catherine A. Battin and Lauren A. Ferrante on Feb 9, 2016
Posted In Illinois, Sales Tax
The Illinois Appellate Court recently affirmed a finding for a plaintiff individual, upholding the circuit court’s conclusion that defendant Sears, Roebuck and Co. (Sears) violated the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1) (the Act) by overcharging plaintiff sales tax on his purchase of a digital television converter box (converter box”). Aliano v....
Illinois Proposed Regulations Governing Apportionment of Income for Transportation Companies Moving Forward
By Lauren A. Ferrante and Mary Kay McCalla Martire on Nov 19, 2015
Posted In Allocation/Apportionment, Illinois, Income Tax
On November 17, the Illinois Joint Committee on Administration Rules approved a proposed regulation promulgated by the Illinois Department of Revenue (Department) implementing statutory changes to the apportionment formula for business income derived from providing transportation services. The changes are effective for tax years ending on or after December 31, 2008. See Prop. 86 Ill....
Illinois Appellate Court Holds City of Chicago Tax on Cars Rented Outside of but Used Within the City Valid
By Catherine A. Battin and Lauren A. Ferrante on Oct 2, 2015
Posted In Constitutional Issues, Illinois, Local Tax, Nexus, Property Tax, Sales Tax, Transaction Taxes
An Illinois Appellate Court, in Hertz Corp. v. City of Chicago, 2015 IL App (1st) 123210 (Sept. 22, 2015), gave the City of Chicago (City) permission to require rental car companies to collect tax on vehicle rentals from locations within three miles of the City, overturning a lower court ruling that found such taxation was...