Partner Matt Hunsaker is quoted in an article published on Sept. 3, 2021, by Law360. The article “Texas Justices Will Hear Sirius XM $2.5M Tax Refund Case” reports on a tax refund dispute between Sirius XM Radio and the Texas state tax agency, which could implicate how much agencies can make sourcing changes that do not agree with statutes. The Texas Supreme Court said it would hear the case.
Hunsaker told the publication that the state comptroller's amendments, and position in the Sirius case, essentially interpret a statute that calls for cost of performance sourcing and make it into a regulation that calls for market-based sourcing. He said that is an aspect of the case that could reach far beyond Texas.
“It is one of many cases that show a tendency of state tax administrators to interpret statutes that aren't market-based sourcing statutes in a way that reaches the same result” as a market-based sourcing statute would, Hunsaker said.
Read the article (registration required).