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2017 Midyear Meeting

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(c) [2017] American Bar Association.
All rights reserved. No part of this recorded content may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of the American Bar Association.
$299.00



Showing sessions 21 - 30 of (45) TOTAL sessions
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Event : ABATX35


Session : ABATX1723
Joint Current Developments: FAUST, FLF, Transfer Pricing and USAFTT
Conference : 2017 Midyear Meeting
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$15.00


  • Joint Current International Developments Panel. This panel will discuss the latest international tax developments


Session : ABATX1724
Standards of Tax Practice
Conference : 2017 Midyear Meeting
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$30.00


  • Chair: Michael J. Desmond, Law Offices of Michael J. Desmond APC, Santa Barbara, CA
  • Beyond Privilege: The Practitioner's Duty of Confidentiality. (Ethics) The need for clients and practitioners to keep communications confidential in order to preserve privilege and work product protection is well known. ABA Model Rule of Professional Conduct 1.6 goes much further, however, in prohibiting lawyers from revealing information relating to a client engagement except as necessary in connection with the representation and in other narrowly prescribed circumstances. This panel will consider a range of issues dealing with client confidentiality, including permitted disclosure of "public" information about a client, implied client consent to disclose confidential information, disclosures necessary to evaluate conflicts of interest and obtain conflict waivers, and confidentiality requirements for former clients. Moderator: Bradley A. Ridlehoover, McGuireWoods, Richmond, VA Panelists: Jeffrey A. Neiman, Marcus Neiman & Rashbaum LLP, Ft. Lauderdale, FL; Martin R. Press, Gunster, Ft. Lauderdale, FL
  • Ethical Issues Involving Fees. (Ethics) Limits on a practitioner's ability to charge contingent fees in tax engagements have received attention in recent years with modifications to Circular 230 § 10.27 and the 2014 decision in Ridgley v. Lew that, in part, invalidated the Circular 230 limitation on contingent fees. Beyond contingent fees, both ABA Model Rule 1.5 and Circular 230 § 10.27 impose limits on the fees that practitioners can charge their clients. This panel will consider a range of fee-related ethical issues, including what constitutes an "unreasonable" or "unconscionable" fee, alternative fee arrangements including premium and discounted billing, fee write-offs, charging clients for expenses and non-contingent, success-based fees. Moderator: Christopher S. Rizek, Caplin & Drysdale, Washington, DC Panelists: Karen L. Hawkins, Attorney At Law, Yachats OR; Chad Nardiello, Nardiello Law Firm PLC, Century City, CA
  • Ethical Issues in Federal Tax Practice - The Government Perspective. (Ethics) This panel will provide an update on recent guidance from the IRS and Department of Treasury, discuss issues of concern and areas of focus for the IRS Office of Professional Responsibility and Office of Chief Counsel, and give an update on pending cases that relate to tax practice standards. The panel will also expand the discussion to include recent standards-related developments affecting tax practitioners more generally, including an update on state bar and board of accountancy developments and an update on state efforts to regulate paid return preparers and other non-credentialed tax professionals. Moderator: Matthew S. Cooper, EY, Washington, DC Panelists: Stephen Whitlock, Director, IRS Office of Professional Responsibility, Washington, DC; Drita Tonuzi, Associate Chief Counsel (Procedure & Administration), IRS Office of Chief Counsel, Washington, DC


Session : ABATX1725
Employment Taxes
Conference : 2017 Midyear Meeting
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  • Chair: Megan E. Marlin, PwC, Washington, DC
  • Federal Employment Tax Update. This panel will provide a federal employment tax update. The panel will discuss new administrative, regulatory, and legislative developments in addition to relevant case law. Moderator: Ligeia Donis, PwC, Washington, DC Panelists: Paul J. Carlino, Chief, Employment Tax Branch 1, IRS Office of Chief Counsel, TEGE, Washington, DC (Invited); Janine Cook, Deputy Associate Chief Counsel, IRS Office of Chief Counsel, TEGE, Washington, DC (Invited)
  • Global Mobility and Frequent Business Travelers. This panel will discuss the challenges companies face with nonresident alien employees performing services in the US. US and non-US entities face unique challenges to track nonresident alien employees traveling to the US, obtain proper work authorization and visas, assess the tax treatment of compensation paid for services performed in the US, gather documentation required for exclusions from US employment tax withholding, and plan for potential US payroll withholding, depositing, and reporting. Secondment agreements and shadow payroll arrangements will also be considered. Moderator: Megan Marlin, PwC, Washington, DC Panelists: Debbie Spyker, EY, Denver, CO; Michael Lloyd, Miller & Chevalier, Washington, DC
  • Who is the Employer? Many scenarios arise that beg the question: who is the employer? This panel will discuss common law and statutory employers, deemed agents and third party arrangements, and various organizational structures requiring an analysis of which entity is the employer. The conclusion of which entity is the employer is critical for employment tax purposes as well as other issues such as compensation deduction under section 162, the substantial contribution exception for Subpart F income, and the domestic manufacturing deduction under section 199. Moderator: Ligeia Donis, PwC, Washington, DC Panelists: Marianna Dyson, Miller & Chevalier, Washington, DC; Will Weismann, Littler Mendelson, Walnut Creek, CA; Dan Boeskin, PwC, Washington, DC


Session : ABATX1726
Closely Held Businesses
Conference : 2017 Midyear Meeting
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  • Chair: Shelby L. Wilson, Berchem Moses & Devlin PC, Westport, CT
  • Buy-Sell Agreements for Closely Held Businesses. This panel will review practical issues and tax considerations when assisting clients with succession planning and putting a buy-sell agreement in pace for closely held business owners. The panel will also review valuation issues and funding mechanisms for practitioners to consider. Panelists: J. Robert Turnipseed, Armbrecht Jackson LLP, Mobile, AL; Shelby L. Wilson, Berchem Moses & Devlin PC, Milford, CT; Eric L. Green, Green & Sklarz LLC, New Haven, CT
  • Estate Planning Gone Awry - When Things Don’t Work Out the Way We Planned. While certain estate tax planning strategies may be effective in minimizing state and federal taxes, and may provide clients with a certain level of comfort and satisfaction, these strategies may result in unanticipated consequences for the beneficiaries either during a client’s lifetime or after the client’s death. This panel will discuss three types of trusts commonly used in estate tax planning (the QPRT, the ILIT, and the GRAT), and will consider some of the non-tax and familial issues that may arise in attempting to administer such trusts. Panelists: Alfred Casella, Murtha Cullina LLP, Hartford, CT; Shelby L. Wilson, Berchem Moses & Devlin PC; Eric L. Green, Green & Sklarz LLC, New Haven, CT


Session : ABATX1728
Financial Transactions
Conference : 2017 Midyear Meeting
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  • Chair: Michael B. Shulman, Shearman & Sterling LLP, Washington, DC
  • Interesting Issues under Section 1234A. This panel will discuss issues arising under section 1234A, including its potential application in the context of various derivatives transactions and recent case law and IRS developments such as Pilgrim's Pride, CRI-Leslie and LAFA 20163701F. Moderator: Pamela Lawrence Endreny, Skadden Arps Slate Meagher & Flom LLP, New York, NY Panelists: Linda E. Carlisle, Miller & Chevalier, Washington, DC; Helen M. Hubbard, Associate Chief Counsel (Financial Institutions & Products), IRS, Washington, DC; Richard G. Larkins, EY, Washington, DC
  • Final Section 385 Regulations – How will the documentation rules apply in the real world? TBD. Moderator: David C. Garlock, EY, Washington, DC Panelists: Eileen Marshall, Wilson Sonsini Goodrich & Rosati, Washington, DC; Government panelist (invited)


Session : ABATX1729
Employee Benefits (Friday)
Conference : 2017 Midyear Meeting
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$45.00


  • Chair: W. Waldan Lloyd, Durham Jones & Pinegar, Salt Lake City, UT
  • Ethical Issues Involved when Expanding Health Care Coverage for LGBTI Participants and Beneficiaries. (Ethics) Over the past few years, the nation has begun to focus on protecting LGBT individuals from discrimination on multiple fronts. Most recently, the ABA adopted an anti-discrimination policy making it professional misconduct for a lawyer to engage in discriminatory actions on the basis of sexual orientation and gender identity. Employers are also adopting policies which affect how LGBT employees are treated. This panel will discuss the ABA rule as well as best practices for plan sponsors to consider in providing health care benefits for lesbian, gay, bisexual, transgender/trans-sexual and intersexes (LGBTI) participants and beneficiaries, including tax ramifications, administrative and communication issues, and vendor selection. Moderator: Todd Solomon, McDermott Will & Emery, Chicago, IL Panelists: Lisa Gomez, Cohen Weiss and Simon LLP, New York, NY; Tonya Moore, Assistant General Counsel, ERISA and Tax, Darden Restaurants, Orlando, FL
  • Current Issues in Executive Compensation. As a new administration begins, what are the key issues executive compensation practitioners will face in the coming year? This panel will discuss current topics of interest in the executive compensation arena, provide an update on rulemaking and offer observations as to potential developments on the horizon. Moderator: Martha N. Steinman, Hogan Lovells US LLP, New York, NY Panelists: Mark Borges, Compensia Inc., Washington, DC; Susan Daley, Perkins Coie, Chicago, IL; Charmaine Slack, Jones Day, New York, NY
  • Hot Topics. Moderator: Susan Wetzel, Haynes and Boone LLP, Dallas, TX
  • Treasury / IRS Fireside Chat. (NO CLE) Informal “town hall” discussion with Department of Treasury and IRS representatives on topics of interest to attendees.
  • Corporate Counsel Corner. (NO CLE) Informal meeting for in-house counsel attendees.


Session : ABATX1730
Foreign Lawyers Forum
Conference : 2017 Midyear Meeting
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  • Chair: Saskia Bijl de Vroe, NautaDutilh, Amsterdam, Netherlands
  • What's Going On? An Update on Tax Treaty and State Aid Developments. The Foreign Lawyers Forum proposes an international panel that will address two topics that have continued to make headlines: tax treaties and state aid. The panelists will discuss relevant developments regarding tax treaties, including the non-US perspective on negotiations regarding the new US Model Treaty as well as the development of the OECD multilateral instrument (Action 15 of the OECD BEPS Initiative). The panel will also address state aid, not only discussing the latest case law but also what the possible consequences will be in practice and how the state aid developments may impact your clients' business. Moderator: Professor Patricia Brown, University of Miami School of Law, Miami, FL Panelists: Joe Duffy, Matheson, Dublin, Ireland; Christophe Joosen, NautaDutilh, Luxembourg; Christopher Steeves, Fasken Martineau, Toronto, ON; Matthew Hodkin, Norton Rose Fulbright, London, UK


Session : ABATX1731
Tax Accounting
Conference : 2017 Midyear Meeting
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  • Chair: David Auclair, Grant Thornton LLP, Washington, DC
  • Current Developments. This panel will review recent developments in the area of tax accounting since the Section of Taxation meeting held in Boston, MA, in September. The panel will also discuss ongoing projects and anticipated guidance, with commentary and input from our guests from the IRS. Moderator: Colleen O’Connor, KPMG LLP, Washington, DC Panelists: Jane Rohrs, Deloitte Tax LLP, Washington, DC; Scott Dinwiddie, Associate Chief Counsel, Income Tax & Accounting, Office of Associate Chief Counsel, IRS, Washington, DC; Kathleen Reed, Chief, Branch 7, Income Tax & Accounting, Office of Associate Chief Counsel, IRS, Washington, DC
  • Long-Term Contracts. This panel will discuss recent court decisions, such as the Court of Appeals for the Ninth Circuit’s decision in Shea Homes, the impact such decisions could have on the Priority Guidance Plan project, and issues that may be addressed in future guidance. Moderator: Carol Conjura, KPMG LLP, Washington, DC Panelists: David Strong, Crowe Horwath LLP, Grand Rapids, MI; John Aramburu, Senior Counsel, Branch 5, Income Tax & Accounting, Office of Associate Chief Counsel, IRS, Washington, DC
  • Accounting for Advance Payments Update. This panel will discuss recent developments relating to advance payments, including the Court of Appeals for the Third Circuit’s decision in Giant Eagle, the AOD issued by the IRS on Giant Eagle, and other issues that may be addressed in the Priority Guidance Plan project. Moderator: Kari Peterson, RSM US LLP, Washington, DC Panelists: Michael Resnick, Sutherland Asbill & Brennan LLP, Washington, DC; David Schneider, Skadden Arps Slate Meagher & Flom LLP, Washington, DC; Thomas Moffitt, Special Counsel, Income Tax & Accounting, Office of Associate Chief Counsel, IRS, Washington, DC; Peter Ford, Senior Attorney, Branch 2, Income Tax & Accounting, Office of Associate Chief Counsel, IRS, Washington, DC
  • How New Financial Accounting Standards Will Impact Method Changes. This panel will discuss the effect of new financial accounting standards on tax accounting method changes, including issues that may be address in the Priority Guidance Plan project. Moderator: Wendy Friese, Deloitte Tax LLP, Washington, DC Panelists: Christine Turgeon, PwC, Washington, DC; John Moriarty, Deputy Associate Chief Counsel, Income Tax & Accounting, Office of Associate Chief Counsel, IRS, Washington, DC; Thomas Moffitt, Special Counsel, Income Tax & Accounting, Office of Associate Chief Counsel, IRS, Washington, DC; Peter Ford, Senior Attorney, Branch 2, Income Tax & Accounting, Office of Associate Chief Counsel, IRS, Washington, DC


Session : ABATX1732
Court Procedure and Practice
Conference : 2017 Midyear Meeting
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  • Chair: Juan F. Vasquez, Jr., Chamberlain Hrdlicka White Williams & Aughtry, Houston, TX
  • Current Developments. This panel will include a report from the Tax Court, significant IRS guidance and litigation, an update on Tax Division priorities, a report from Treasury, and significant pending litigation. Moderator: Bryan Koorstad, Baker & McKenzie LLP, Chicago, IL Panelists: The Honorable L. Paige Marvel, US Tax Court, Washington, DC; Rochelle Hodes, Associate Tax Legislative Counsel, Office of Tax Policy, Department of Treasury, Washington, DC; Richard Goldman, Deputy Associate Chief Counsel (Procedure & Administration), IRS Office of Chief Counsel, Washington, DC; Grover Hartt, Department of Justice, Tax Division, Dallas, TX
  • Reasoned Decision Making Under the APA: Holding the IRS to a Reasonable Standard. In our third installment of the series, "How the APA Applies to Treasury and the IRS", this panel will consider whether and how the APA applies to IRS adjudications, such as notices of deficiency, Collection Due Process notifications, trust fund recovery determinations, and Competent Authority decisions. In this panel, we will describe what an adjudication is under the APA, the difference between formal and informal adjudication, and what the APA requires of agencies when they adjudicate individual cases. Although courts are more frequently being asked to consider the application of the APA to IRS adjudications, this is an actively-developing area of law and our panel will discuss key questions such as: What is the appropriate standard of review under the APA? What remedies are available? How can I preserve my rights to advance an argument under the APA? Join us for a nuanced conversation of these increasingly important questions. Moderator: Alexandra Minkovich, Baker & McKenzie LLP, Washington, DC Panelists: Gil Rothenberg, Chief, Appellate Section, Department of Justice, Tax Division, Washington, DC; Sean Akins, Covington & Burling, Washington, DC
  • Let the Sunshine In: FOIA In Tax Litigation. The Freedom of Information Act can be a powerful tool to discover what information the government has relating to your client or even what guidance they have issued related to an issue. This panel will address how FOIA has shaped tax law, the changes to FOIA that take effect at the beginning of 2017, and the use of FOIA as another tool for discovery to aid your client. Moderator: Erica Brady, The Ferraro Law Firm, Washington, DC Panelists: Frank Agostino, Agostino & Associates, Hackensack, NJ; Christopher Bergin, Tax Analysts, Washington, DC; Richard Goldman, Deputy Associate Chief Counsel (Procedure & Administration), IRS Office of Chief Counsel, Washington, DC
  • How to Affirmatively Defend An FBAR Case. The frequency of FBAR penalty assessments is rapidly rising. This will result in FBAR penalty challenges increasingly getting their day in court. The fundamental challenge to an FBAR penalty assessment is whether the taxpayer’s conduct was willful. However, a taxpayer can also challenge the penalty assessment and the government’s collection efforts on other grounds. This panel will discuss affirmative defenses available to taxpayers who are challenging the assessment of an FBAR penalty in federal courts, including statutes of limitations, penalty computation, jurisdiction, and violation of the excessive fines clause under the Eighth Amendment. Moderator: Mitchell I. Horowitz, Buchanan Ingersoll & Rooney PC, Tampa, FL Panelists: Adam Strait, Department of Justice, Tax Division, Washington, DC; Zhanna A. Ziering, Caplin & Drysdale Chartered, New York, NY; Joseph DiRusso, Fuerst Ittleman David & Joseph PL, Miami, FL


Session : ABATX1733
Insurance Companies
Conference : 2017 Midyear Meeting
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  • Chair: M. Kristan Rizzolo, Sutherland Asbill & Brennan LLP, Washington, DC
  • Current Issues in Reinsurance Transactions. What are the tax issues that arise when an insurance company acquires a book of business through an agreement that in form is "permanent indemnity" reinsurance? This panel will review and discuss CCA 201642032, where the IRS concluded that such an agreement should be treated as an assumption reinsurance transaction, and consider the consequences of that determination. The panel will also consider other tax issues that commonly arise in reinsurance transactions. Moderator: Chris Schoen, Sutherland Asbill & Brennan LLP, Washington, DC Panelist: Gary Vogel, EY, Washington, DC
  • Practical Advice on PBR Implementation. With the move to principles based reserving insurance companies are faced with complying a tax code that was not designed with PBR in mind. In the absence of comprehensive guidance from the IRS and Department of Treasury or changes to the statute by Congress, tax practitioners have had to advise clients on how to implement PBR in a tax-compliant manner. The panelists will discuss practical issues relating to implementing PBR for tax, including sharing thoughts on how best to comply and "rules of thumb" or industry conventions that have developed in the absence of comprehensive guidance. Moderator: Mark Smith, PwC, Washington, DC Panelist: Regina Rose, ACLI, Washington, DC
  • Legislative Outlook for 2017. 2017 is expected to be a big year for tax legislation and tax reform and insurance companies can expect proposals that will significantly change subchapter L. This panel will discuss potential tax reform focusing on the potential impact on the insurance industry, including changes to reserve deductions, DAC and pro ration, as well as the impact of broader changes, such as changing to a territorial tax, base broadening and boarder adjustability and shifts to consumption tax concepts. Moderator: Ann Cammack, EY, Washington, DC Panelist: Regina Rose, ACLI, Washington, DC



     


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