Stewart Weintraub

Practice Areas

State and Local Tax Controversy & Planning

Tax

Tax Controversy & Litigation

Estate & Income Tax Planning & Estate Administration

Real Estate

Career

Stewart Weintraub’s practice has centered on taxation for more than 40 years. He helps clients plan and structure transactions so that all state and local tax obligations are minimized. He represents clients in all aspects of state and local tax compliance and litigation, from audits through trials and appeals to the appellate courts.

Before entering private practice, Mr. Weintraub was Chief of Tax Litigation for the City of Philadelphia’s Law Department, during which he also served as Chief Counsel of the Mayor’s Tax Reform Commission. In 2003, he was appointed to serve as a member of the new Tax Reform Commission created by the Home Rule Charter.

Professional Memberships

American Bar Association, member since 1971; for Section on Taxation’s Committee on State and Local Taxes: Vice-Chair of Operations, 2005; Vice-Chair, 2007; Chair, 2009; elected Tax Section Council Director, 2013-2016

Pennsylvania Bar Association, member since 1971

Philadelphia Bar Association, member; Board of Governors, 1997-1999; Tax Section

Council,2004-2006 and 2013; Section Secretary/Treasurer, 2006-2010

Philadelphia Trial Lawyers Association, member since 1996

Wolters Kluwer Legal Tax Advisory Board, 2013

Publications

"The New Workplace World" Article by Stewart Weintraub on "The New Workplace World"

The Legal Intelligencer, February 3, 2022

“Oracle USA Inc. v. Commissioner of Revenue: Statutory Construction and Commissioner’s Authority” Jennifer Karpchuk, Stewart Weintraub, and Alissa Gipson article on “Oracle USA Inc. v. Commissioner of Revenue: Statutory Construction and Commissioner’s Authority”

Bloomberg Tax, March 9, 2021

“Thinking of Changing Firms? Here Are Some Questions to Ask at the Interview”

Article by Phil Karter and Stewart Weintraub on “Thinking of Changing Firms? Here Are Some Questions to Ask at the Interview” Legal Intelligencer, February 5, 2021

“Philadelphia's Pandemic Budget: Drawing From Reserves and Tax Hikes”

Article by Stewart Weintraub on “Philadelphia's Pandemic Budget: Drawing From Reserves and Tax Hikes” The Legal Intelligencer, August 5, 2020

"The COVID-19 Challenge and How It Is Affecting Businesses, Individuals"

Article by Stewart Weintraub on "The COVID-19 Challenge and How It Is Affecting Businesses, Individuals" Legal Intelligencer, April 21, 2020

Co-Author America Law Media; "2014 Pennsylvania Tax Handbook"

“An MTC Mediation Success Story” (Feb. 1, 2008)

“Pennsylvania Courts Interpret Various Tax Provisions Under the Commerce Clause: Part III” (Oct. 24, 2008)

"Pennsylvania Courts Interpret Various Tax Provisions Under the Commerce Clause" (Jan. 1, 2007)

"A Trap for the Unwary - The Pennsylvania Personal Income Tax" (Dec. 1, 2005)

"Trap for the Unwary - The Pennsylvania Personal Income Tax" (Oct. 1, 2005)

"Koch v. Director, Division of Taxation: Has the NJ Supreme Court Opened the Floodgates for Refunds of Individual Income Tax?" (May 5, 2005)

Blog Posts

Philadelphia RAR Overpayments – Not for the Faint of Heart

SALT Blawg, January 12, 2017

Upcoming Event: Stewart Weintraub to Participate in ABA Tax Section Panel discussing State and Local Tax Issues Regarding Sale of a Business

SALT Blawg, August 29, 2012

Pennsylvania Commonwealth Court Holds Expedia Not Subject to Philadelphia Hotel Tax

SALT Blawg, February 6, 2012

Tennessee Court of Appeals Holds Out-of-State Book Distributor, Scholastic, Subject to Sales and Use Taxes Because of Substantial Nexus Through Local Schools and Teachers; Creates Split in Courts SALT Blawg, February 3, 2012

Pennsylvania Considering Legislation that Would Amend Corporate Tax and Abolish Delaware Holding Company Loophole SALT Blawg, January 31, 2012

Questions Raised Over City of Philadelphia's Continued Use of Ratio for Real Estate Tax Assessments SALT Blawg, October 31, 2011

NCSL Opposes Contingent-fee Audits, Passes Resolution, SALT Blawg, October 25, 2011

Washington Case Involving Retroactive Refund Amendment Spurs COST Amicus Brief

SALT Blawg, October 18, 2011

Michigan Supreme Court Debates Legality of Pension Tax

SALT Blawg, September 14, 2011

New Jersey Issues Decision Finding a Lack of Nexus Regarding a Partnership Distribution to a Foreign Limited Partner, SALT Blawg, August 29, 2011

Arizona Prepares to Enact 30-day Tax Amnesty Program, SALT Blawg, August 18, 2011

CALIFORNIA LEGISLATURE PASSES "AMAZON LAW", WHILE CONNECTICUT GENERAL ASSEMBLY UPDATES AMAZON BILL TO RETROACTIVELY TARGET ONLINE RETAILERS, SALT Blawg, June 22, 2011

Illinois Department of Revenue Sued Over Amazon Law, SALT Blawg, June 16, 2011

AT&T $1 Billion Class Action Settlement Approved by Federal Judge, SALT Blawg, June 13, 2011

Colorado and South Carolina's Unique Positions on "Amazon" Laws, SALT Blawg, June 7, 2011

New Jersey Governor Signs New Tax Bills Affecting Businesses, SALT Blawg, June 3, 2011

Virginia Allocation Apportionment Ruling Inconsistent with U.S. Supreme Court’s Decision in Meadwestvaco, SALT Blawg, June 2, 2011

Michigan Enacts Amnesty Program, While Oregon Allows for Discretion in Extending, Payment of Amnesty Related Installment Plans, SALT Blawg, May 4, 2011

Alabama House Passes Bill to Update State's Taxpayer's Bill of Rights, SALT Blawg, April 27, 2011

TAM-13 Issued in Light of Court's Holding in Beneficial New Jersey v. Director Relating to "Unreasonableness" for Purposes of the Related Member Interest Deduction, SALT Blawg, April 19, 2011

Alabama Considers Independent Judicial Review of Tax Controversies, SALT Blawg, April 13, 2011

New Jersey Proposes Amending Corporate Business Tax Rules Related to Foreign Businesses, SALT Blawg, March 29, 2011

Hudson Highland Group Settles Sales Tax Issues with SEC, Pays Penalties, SALT Blawg, February 11, 2011

California Court Rules Switch Software License Exempt from Sales Tax, SALT Blawg, February 8, 2011

Washington Announces First Ever Amnesty Program in the State, Slated for 2011, SALT Blawg, January 11, 2011

New Bill Penalizes the Misclassification of Construction Workers, SALT Blawg, January 6, 2011

Reform Comes to Philadelphia’s Troubled System of Property Tax Assessment, SALT Blawg, August 3, 2010

Florida & Nevada Tax Amnesty Programs, SALT Blawg, July 22, 2010

Time to Claim Pennsylvania or Philadelphia Tax Amnesty Is Running Out, SALT Blawg, June 8, 2010

IN RE: ACE AMERICAN INSURANCE COMPANY, INC.: A CHALLENGE TO PHILADELPHIA’S TREATMENT OF NONQUALIFIED DEFERRED COMPENSATION

SALT Blawg, May 21, 2010