ACMA Files Suit to Challenge NY Tax Regulation

On April 5, 2024, Brann & Isaacson filed a complaint in New York state court on behalf of the American Catalog Mailers Association (ACMA), challenging a recently issued New York Department of Taxation and Finance regulation, 20 N.Y.C.R.R. § 1-2.10. That regulation improperly expands the authority of the Department to impose income tax obligations on...

California Court Confirms Invalidity of California Tax Rules, Awards ACMA over $330,000 in Attorney Fees

On February 13, 2024, in a lawsuit brought by Brann & Isaacson on behalf of the American Catalog Mailers Association (ACMA) against the California Franchise Tax Board (FTB), San Francisco Superior Court Judge Ethan P. Schulman issued orders on post-judgment motions affirming the ACMA’s victory and awarding the association attorney fees of $332,895.50 and costs...

California Court Invalidates Unlawful Franchise Tax Board Regulations

On December 13, 2023, in a lawsuit brought by Brann & Isaacson on behalf of the American Catalog Mailers Association (ACMA) against the California Franchise Tax Board (FTB), San Francisco Superior Court Judge Ethan Schulman issued an order that two 2022 publications of the FTB are void as invalid “underground regulations,” indicating that he will...

Cal. Court of Appeal Clears Path for ACMA Challenge to Tax Reg.

On February 16, 2023, the California Court of Appeal issued a one-line order that will allow the San Francisco Superior Court to hear the merits of a lawsuit by the American Catalog Mailers Association (ACMA) against the California Franchise Tax Board. The ACMA filed suit in August 2022, challenging the Board’s legal authority to publish...

ACMA Lawsuit Challenging Cal. State Tax Guidance to Go Forward

On November 17, 2022, shortly after hearing oral argument from partner Nathaniel Bessey, San Francisco Superior Court Judge Richard B. Ulmer Jr. issued an order in favor of Brann & Isaacson client the American Catalog Mailers Association (ACMA), paving the way for high-profile tax litigation to proceed. The case centers on whether the California Franchise...