I follow a policy of not commenting on this blog about cases that either I or my firm are involved with or with respect to issues that are involved in matters where we are counsel. However, that policy is not violated where I note, without comment, an opinion in a case that I have been involved with.
Today, the Court of Appeals of Maryland handed down the opinion in the case of Comptroller v. Citicorp International Communications, Inc. I acted as local counsel for the taxpayer. The question before the Court was whether a fee paid by the taxpayer to terminate an equipment lease was subject to Maryland sales tax which is levied upon lease payments. The Court agreed with the taxpayer that a payment to terminate a lease was not a payment under the lease and was thus not a taxable sale subject to sales tax. Judge Wilner filed a dissent.
I don't think that it violates my "no comment" rule to state that Mike Pearl of Morrison Foerster ably pulled the laboring oar for the taxpayer.