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2015 Joint Fall CLE Meeting

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(c) [2015] 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.
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Showing sessions 1 - 10 of (42) TOTAL sessions
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Event : ABATX31

Session : ABATX15100
Tax Bridge on the Road
Conference : 2015 Joint Fall CLE Meeting
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$45.00


  • Program Co-Chairs: Kelley C. Miller, Reed Smith LLP, Washington, DC; Cathy Fung, Office of Division Counsel (Large Business & International), IRS, Washington, DC
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  • A Conversation with Richard Lipton . One of the Sections most esteemed members and former Section Chair, Dick Lipton sits down for an in-depth discussion of his practice, his history with the Section, and the latest developments in partnership and real estate transactions. In addition to his present role on Section Council, Dick is a member of the House of Delegates of the American Bar Association, the Chicago Bar Association Federal Tax Committee, and the American College of Tax Counsel. He also served on the Internal Revenue Service Advisory Council. He is an adjunct professor at The University of Chicago Law School, where he teaches a course on partnership taxation. Tax Bridge to Practice is delighted and honored to have Dick as the first subject of our new Conversations with... series.
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  • Social Media: Ethics in the Internet Age .  This interactive program will cover a variety of issues dealing with the increasing use of social media in marketing. The panelists will use a series of hypotheticals to address marketing during a time when sites such as Facebook and LinkedIn are a resource for information on legal talent and where blogging, texting, and endorsing can provide potential positive publicity for a lawyer. The panel will also focus on instituting best practices and avoiding ethical pitfalls when using social media for all attorneys, including government attorneys. Moderator: Professor Michael B. Lang, Chapman University Dale E. Fowler School of Law, Orange, CA Panelists: Kirsten N. Witter, Branch Chief, Ethics and General Government Law Branch, Office of Associate Chief Counsel, IRS, Washington, DC; Anson H. Asbury, Asbury Law Firm, Atlanta, GA; Rachel L. Partain, Caplin & Drysdale, New York, NY Co-Sponsored by: Standards of Tax Practice
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  • State Income, Double Taxation, and Tax Discrimination in the Post-Wynne World . States have the right to implement tax systems to tax their residents and out-of-state taxpayers provided that those systems do not infringe on the taxpayers Constitutional rights. In Maryland v. Wynne, the US Supreme Court concluded that Marylands tax was unconstitutional as applied to Maryland residents. This panel will offer a primer on these essential state tax concepts: what is income at the state level; double taxation tax discrimination; and the dormant commerce clause, as well as offer insight into the Wynne decision and the implications of the Wynne decision on other taxes. Moderator: Jairo G. Cano, Agostino & Associates PC, Hackensack, NJ Panelists: Stephen J. Blazick, Reed Smith LLP, Philadelphia, PA; Stewart M. Weintraub, Chamberlain Hrdlicka White Williams & Aughtry, West Conshohocken, PA; Kelley C. Miller, Reed Smith LLP, Washington, DC Co-Sponsored by: State and Local Taxes
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  • Ethical Issues for Newer Attorneys .  This panel will examine some of the ethical issues faced by attorneys new to practicing law, including issues such as client confidentiality, privileges, conflicts of interest, and state bar licensing. Panelists will discuss scenarios in which newer attorneys may find themselves in an ethical dilemma, the strategies to protect themselves in those situations, and overall best practices in the practice of law. Moderator: Patrick W. Thomas, Neighborhood Christian Legal Clinic, Indianapolis, IN Panelists: The Honorable Cary Douglas Pugh, Judge, US Tax Court, Washington, DC; Kate E. Ward, Venable LLP, Washington, DC; Alfred Bae, KPMG, Houston, TX
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Session : ABATX15101
Capital Recovery & Leasing
Conference : 2015 Joint Fall CLE Meeting
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$30.00


  • Chair: Alison Jones, EY, Washington, DC
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  • Current Developments Report and Update on Pending Guidance . This panel will cover important recent developments in the areas of capital recovery and leasing. Moderator: Richard Shevak, Cohn Reznick, Roseland, NJ Panelists: Kathleen Reed, Branch Chief, Branch 7, Income Tax and Accounting, IRS, Washington, DC; A.J. Schiavone, Crowe Horwath LLP, Columbus, OH
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  • The Interaction of 263(a) and 263A: How Do the Tangible Property Regulations and the Uniform Capitalization Rules Work Together? This panel, featuring a cross-section of practitioner and government personnel, will focus its discussion on the relationship between 263(a) and 263A and will step through several examples to illustrate the combined impact of the two Internal Revenue Code sections on common fact patterns. Moderator: Scott T. Mackay, EY, Washington, DC Panelists: Kathleen Reed, Branch Chief, Branch 7, Income Tax and Accounting, IRS, Washington, DC; Christopher Call, Attorney Advisor, Office of Tax Policy, Department of Treasury, Washington, DC; Leslie J. Schneider, Ivins Phillips & Barker Chartered, Washington DC
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  • Tangible Property Regulations Update Continuation from the May Meeting . This panel will continue our discussion around issues associated with implementation of the tangible property regulations, with a focus on industry-specific issues and dispositions of tangible property. Moderator: Rayth Myers, EY, Washington, DC Panelists: Kathleen Reed, Branch Chief, Branch 7, Income Tax and Accounting, IRS, Washington, DC
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Session : ABATX15102
Transfer Pricing
Conference : 2015 Joint Fall CLE Meeting
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  • Chair: John Hughes, IRS, Washington, DC
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  • Tax Litigation Developments from the Transfer Pricing Front . This panel will discuss recent procedural developments in transfer pricing litigation that are relevant to both transfer pricing and non-transfer pricing controversies in the US Tax Court. Issues addressed will include summons enforcement, the interaction between privilege and penalty defenses, the protection of trade secrets, rules applicable to testimony and reports by expert witnesses, and challenges to Department of Treasury regulations. Moderator: Jenny L. Johnson, Holland & Knight LLP, Chicago, IL Panelists: Professor Steve R. Johnson, Florida State University, College of Law, Tallahassee, FL; Jonathan L. Hunt, Mayer Brown, Chicago, IL
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  • Preparing for Country-by-Country Reporting . BEPS Action Item 13 (Country-by-Country Reporting) will be one of the first BEPS initiatives to be implemented, set to take effect in 2016. Countries are already putting taxpayers on notice. This panel will explore some of the key and controversial issues/requirements being proposed, as well as practical issues facing companies as they attempt to identify, gather, interpret and efficiently prepare documentation to meet this new and first standardized global tax reporting requirement. Moderator: Kathryn Horton OBrien, PwC, Washington, DC Panelists: Carol Chamberlain, Orbitax, Silicon Valley, CA; Dave Varley, Director of Transfer Pricing Operations (Acting), Large Business and International Division, IRS, Washington, DC; Brian Jenn, Attorney Advisor, International Tax Counsel, Department of Treasury, Washington, DC
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Session : ABATX15103
Administrative Practice
Conference : 2015 Joint Fall CLE Meeting
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  • Chair: George Hani, Miller & Chevalier, Washington, DC
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  • Back to Basics: Who Has Capacity to Sign on Behalf of the Taxpayer? This panel will provide a general discussion of who has the capacity to sign on behalf of the taxpayer (individual, corporate, and partnership). The panel will also review the statutory and regulatory regime under the Internal Revenue Code, and also highlight relevant form instructions. Finally, the panel will discuss various items that require a taxpayers signature (returns, elections, closing agreements, statute extensions) and consider the implications of having an unauthorized party sign a tax form on behalf of a taxpayer. Moderator: Mary I. Slonina, PwC, Washington, DC Panelists: Michael D. Kummer, Morgan Lewis & Bockius LLP, Washington, DC; Ashton P. Trice, Branch Chief, Branch 2, Office of Associate Chief Counsel (Procedure & Administration), IRS, Washington, DC
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  • A New Era of IRS Examinations Doing Less with Less? Reduced IRS budgets have compelled the agency to do less with less. How is the IRS responding? This panel will discuss recent IRS enforcement initiatives, including LB&Is implementation of a pilot program to risk-assess cases, a departure from its historic coordinated industry case program, the role of the Transfer Pricing Office and its TPP field teams, the development of a new IRS group to coordinate research projects on taxpayer data and tax administration across the agency, and the use of quantitative models to make risk inferences based upon taxpayer filings such as the Schedule UTP. The panel will discuss the impact that IRS budget constraints, along with these new initiatives, may have as taxpayers and their advisors interact with the IRS and undertake resolution of issues. Moderator: Sheri A. Dillon, Morgan Lewis and Bockius, Washington, DC Panelist: Sergio Arellano, Acting Large Business and International Deputy Commissioner Domestic, IRS, Washington, DC; Gary B. Wilcox, PwC, Washington, DC; Eli J. Dicker, Tax Executives Institute, Washington, DC
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  • Kicking the Habit: Using Kovel Responsibly . So-called Kovel agreements are frequently put into place between attorneys and third-party advisers (such as accountants) as a way to preserve attorney-client privilege when lawyers are aided by non-lawyers. But when litigation ensues, a Kovel agreement might be found to not offer as much protection from discovery demands as anticipated because of the activity involved. This panel will discuss the limitations of the Kovel doctrine, including waiver and the crime-fraud exception, as highlighted in several recent cases, and offer perspectives on how practitioners can ensure their agreements, in the proper contexts, will avoid disclosing sensitive information to the IRS or Department of Justice. Moderator: Colleen Romero, Baker & McKenzie, Chicago, IL Panelists: Guinevere Moore, Holland & Knight, Chicago, IL; Joseph McGowan, Hill-Rom, Chicago, IL; Rebecca A. Perlmutter, Counsel to the Deputy Assistant Attorney General for Criminal Tax Matters, Department of Justice, Washington, DC; Mark Cottrell, Branch Chief, Office of the Associate Chief Counsel (Procedure & Administration), IRS Office of Chief Counsel, Washington, DC
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  • Administrative Practice Important Developments . This panel will discuss current developments and topics of immediate interest in the tax administrative practice. The panel will focus on recent Department of Treasury and IRS guidance, court decisions, on-going litigation, and other items germane to tax administration. Moderator: Lee Meyercord, Thompson & Knight, Dallas, TX Panelists: Rochelle Hodes, Attorney Advisor, Office of Tax Policy, Department of Treasury, Washington, DC; Drita Tonuzi, Associate Chief Counsel (Procedure and Administration), IRS, Washington, DC
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Session : ABATX15104
Affiliated & Related Corporations
Conference : 2015 Joint Fall CLE Meeting
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  • Chair: Matthew K. White, KPMG LLP, Washington, DC
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  • Current Developments . This panel will explore current developments with respect to consolidated return issues, including the new circular basis regulations proposed in June of this year. Moderator: Jeff Vogel, KPMG LLP, Washington, DC Panelists: Lawrence M. Axelrod, Special Counsel, IRS Office of Associate Chief Counsel (Corporate), Washington, DC; Don Bakke, EY, Washington, DC; Professor Don Leatherman, University of Tennessee College of Law, Knoxville, TN; Bart Stratton, PwC, Washington, DC
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  • The Intersection of Subchapter K and Consolidated Returns . Members of a consolidated group are often also partners in partnerships. While subchapter K and the consolidated return regulations both have regimes intended to permit significant deferral of tax, that deferral is often lost when the two regimes intersect much to the surprise of taxpayers and their advisers. This panel will address many of the issues that result from members of a consolidated group transferring property to partnerships, transferring interests in partnerships, and terminating partnerships owned partly or entirely by members of a consolidated group. Moderator: E.J. Forlini, Deloitte Tax LLP, Washington, DC Panelists: Greg Fairbanks, Grant Thornton LLP, Washington, DC; Craig A. Gerson, PwC, Washington, DC; Krishna Vallabhaneni, Acting Deputy Tax Legislative Counsel, Office of Tax Policy, Department of Treasury, Washington, DC; Holly Porter, Chief, Branch 3, IRS Office of Associate Chief Counsel (Passthroughs and Special Industries), Washington, DC
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Session : ABATX15105
Banking & Savings Institutions
Conference : 2015 Joint Fall CLE Meeting
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  • Chair: Anthony Tuths, WithumSmith+Brown PC, New York, NY
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  • Banking & Savings Tax Update . This panel will cover important recent developments important to banking and savings institutions including recent IRS Notices causing certain basket options to be treated as listed transactions as well as proposed regulations under section 597. Panelists: Anthony J. Tuths, WithumSmith+Brown PC, New York, NY; Mark H. Price, KPMG LLP, Washington, DC
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  • Dual Consolidated Loss Issues for Banking Entities . The panel will discuss the dual consolidated loss rules, which are rules designed to prevent a form of international tax arbitrage in which ordinary losses are taken in two different jurisdictions against different income (otherwise called double dipping). Aside from providing an overview of the rules, the panel will focus on some of the pitfalls that taxpayers may inadvertently be faced with and how to deal with such risks. The panel will further describe a few transactions that are currently beyond the scope of the rules as well as current initiatives that may result in these rules being expanded in the future. Panelists: Daniel Altman, Sidley Austin LLP, New York, NY; Douglas Holland, KPMG LLP, Washington, DC
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  • Embedded Loan Regulations: A Step in the Right Direction for Tax Treatment of Swaps? This panel will examine the recently proposed regulations regarding the tax treatment of non-periodic payments under notional principal contracts. The panel will discuss the efficacy of treating all such payment as a deemed loan as well as the associated withholding and reporting issues. It will also focus on how the regulations might be augmented or clarified. Moderator: Stefan Gottschalk, Washington, DC Panelists: Karl Walli, Senior Counsel (Financial Products), Tax Legislative Counsel, Department of Treasury, Washington, DC; Diana A. Imholtz, Special Counsel (Financial Institutions and Products), IRS Office of Chief Counsel, Washington, DC; Yoram Keinan, Carter Ledyard & Milburn, New York, NY; Erika W. Nijenhuis, Cleary Gottlieb Steen & Hamilton LLP, New York, NY
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Session : ABATX15106
Closely Held Businesses (TX) and Business Planning Group (TE)
Conference : 2015 Joint Fall CLE Meeting
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  • Closely Held Businesses Committee Chair: Shelby L. Wilson, Berchem Moses & Devlin PC, Westport, CT
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  • Business Planning Group Chair: Daniel H. McCarthy, Wick Phillips Gould & Martin LLP, Fort Worth, TX
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  • Breaking Up Is Hard to Do: Tax and Practical Implications of Unwinding Business Affairs Among Multiple Partners . Whether due to estate planning considerations, disagreements among partners, retirement, or other reasons, many partners inevitably go through a process of unwinding business interests. In most instances, unwinding will result in significant tax consequences for one or more partners. This panel will explore tax and practical considerations that arise when business partners decide to part ways and will also address ethical considerations in representing clients dealing with these issues. Panelists: Daniel H. McCarthy, Wick Phillips Gould & Martin LLP, Fort Worth, TX; J. Robert Turnipseed, Armbrecht Jackson LLP, Mobile, AL; Shelby L. Wilson, Berchem Moses & Devlin PC, Westport, CT
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  • Selling the Dreaded C-Corp While Minimizing Double Taxation . This panel will discuss issues that arise when selling C-Corporations and suggest planning ideas to help minimize the double taxation that can occur to the current shareholder. Discussion will focus on the benefits of creating an S-Corporation, allocation of personal good will to the shareholders, and other planning strategies that may be used to minimize tax for the corporation and the shareholders upon an asset sale. Panelists: Robb A. Longman, Longman & Van Grack LLC, Bethesda, MD; Joseph Schimmel, Cohen Chase Hoffman & Schimmel PA, Miami, FL
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Session : ABATX15107
Estate & Gift Taxes (TX) and Income & Transfer Tax Planning Group (TE)
Conference : 2015 Joint Fall CLE Meeting
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  • Estate & Gift Taxes Chair: Laura S. Hundley, Holland & Hart LLP, Boulder, CO
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  • Income & Transfer Tax Planning Group Chair: Stephanie Loomis-Price, Winstead PC, Houston, TX
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  • Current Developments . This panel will review developments in federal estate, gift and generation-skipping transfer tax laws since April 2015. Panelists: Catherine V. Hughes, Attorney Advisor, Office of Tax Policy, Department of Treasury, Washington, DC; Jeffrey D. Chadwick, Winstead PC, The Woodlands, TX; Elizabeth R. Glasgow, Venable LLP, Los Angeles, CA and New York, NY; George D. Karibjanian, Proskauer Rose LLP, Boca Raton, FL
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  • Section 2801 Uncovered: Taxation of Gifts and Bequests from Covered Expatriates . Section 2801 imposes an inheritance tax on Americans who receive gifts and bequests from Covered Expatriates. This panel will discuss the special Section 2801 transfer tax, including background on expatriation and Covered Expatriates and discussion of the income and transfer tax consequences of expatriation and the related planning considerations. Panelists: Catherine V. Hughes, Attorney Advisor, Office of Tax Policy, Department of Treasury, Washington, DC; Scott A. Bowman, Proskauer Rose LLP, Boca Raton, FL; Stephen Liss, UBS Financial Services Inc., New York, NY
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  • The Middle Way: The Uniform Trust Decanting Act . Buddhism embraces the middle way, a path of moderation between the extremes of sensual indulgence and asceticism. The Uniform Trust Decanting Act embraces the middle way, a path between the extremes of Wild West decanting and uncompromising rigidity for irrevocable trusts. The UTDA also incorporates provisions not found in existing decanting statutes, such as a provision to salvage flawed decantings and to protect parties who rely on a prior decanting. Panelist: Susan T. Bart, Sidley Austin LLP, Chicago, IL
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  • Death, Divorce, and Reproductive Technology: What Every Practitioner Needs to Know Now About Planning for the Future . Scientific advances in the reproductive arena have brought new and complex legal issues to the forefront in the context of inheritance and divorce. If an individual is born after the death of a parent using stored genetic material, what is the status of that person for inheritance purposes? Who gets the embryos in the event of a divorce? This session will take a comprehensive look at issues that need to be addressed from the inheritance and matrimonial perspectives, highlighting the increasing importance of holistic planning for both contexts. Topics include: existing case law in the areas of estate planning and divorce; an examination of how state legislatures have responded to inheritance issues, including state-by-state comparative charts; the role of pre-conception directives at an IVF clinic in the event of death or divorce; and planning considerations in light of the rapidly advancing technologies, including drafting considerations. Panelists: Sharon L. Klein, Wilmington Trust NA, New York, NY; Alexis L. Cirel, Mayerson Abramowitz & Kahn LLP, New York, NY
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Session : ABATX15108
Individual & Family Taxation
Conference : 2015 Joint Fall CLE Meeting
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  • Chair: Phyllis Horn Epstein, Epstein Shapiro & Epstein PC, Philadelphia, PA
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  • Household Employee Tax Compliance . There are millions of households in the US, and millions of babysitters, gardeners, nurses and others who work within them. This panel will discuss how to determine whether a household worker is an employee or independent contractor; the federal income and employment tax reporting, withholding, and payment requirements that apply to the alternative classifications; and practical strategies for complying with those requirements. The panel also will discuss immigration law issues that frequently arise in the household workforce. Moderator: Lany L. Villalobos, Philadelphia Legal Assistance, Philadelphia, PA Panelists: Phyllis Horn Epstein, Epstein Shapiro & Epstein PC, Philadelphia, PA; Katherine E. David, Strasburger & Price LLP, San Antonio, TX
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  • Taxpayer Filing Status Options and Recent Law . A taxpayers filing status has obvious implications on issues such as standard deductions and tax rate schedules. Beyond the obvious issues, however, filing status can have a major impact on many other issues, including penalties and credits under the ACA and eligibility for the Earned Income Tax Credit. Filing status can also be a source of confusion and error for many taxpayers, especially resident aliens and taxpayers who are separating or divorcing. This panel will examine issues and some recent developments relating to filing status, including the recent Ibrahim v. Commissioner case reversing the US Tax Court on when a taxpayer may file a joint return, and guidance that relates to benefits and penalties under the ACA. In addition, it will consider the more common challenges facing both nonresident taxpayers who are filing in the US for the first time due to heightened scrutiny on nonresident taxpayers and resident alien taxpayers, as well as highlight issues for advisors who counsel taxpayers in separation or divorce. The panel will include discussions by counsel who litigated the Ibrahim v. Commissioner case, a national expert on the intersection of the ACA and the tax laws, an advisor from TAS who has studied and written on family status tax issues for many years, and an attorney with years of experience working with members of the family law bar. Moderator: Professor Leslie Book, Villanova University School of Law, Philadelphia, PA Panelists: Christine Speidel, Vermont Legal Aid, Springfield, VT; Frank DiPietro, University of Minnesota Tax Clinic, Minneapolis, MN; Rosty Shiller, Supervisory Attorney, Taxpayer Advocate Service, IRS, Washington, DC; Larry A. Campagna, Chamberlain Hrdlicka White Williams & Aughtry, Houston, TX
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  • Penalty Panel Part II Spotlight . This panel will provide a continuing overview of the types of penalties that the IRS can propose against individual taxpayers. This will be a continuation of the panel presented at the January Midyear Meeting in Houston, TX. There will be a discussion of the interplay between section 6662 and section 6676 after Rand v. Commissioner; section 6664 relief based upon reliance on tax advice or a tax return preparer; the relationship between requesting 6664 relief and attorney client privilege; and what constitutes fraudulent activities for the purposes of section 6663 penalties. Moderator: Jonathan Strouse, Harrison & Held LLP, Chicago, IL Panelists: James Creech, Law Offices of James Creech, Burlingame, CA; Alex E. Sadler, Ivins Phillips & Barker Chartered, Washington, DC; Ashton P. Trice, Branch Chief, Branch 2, Office of Associate Chief Counsel (Procedure & Administration), IRS, Washington, DC
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Session : ABATX15109
Investment Management
Conference : 2015 Joint Fall CLE Meeting
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  • Chair: Amy B. Snyder, The Vanguard Group Inc., Malvern, PA
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  • Current Issues for Regulated Investment Companies . This panel will cover several current issues faced by regulated investment companies (RICs): fund spin-offs, securities lending involving convertible bonds, Notice 2015-41, the impact of proposed partnership audit legislation on RICs, and the Subchapter M implications of investments in commodity-related exchange-traded notes. Moderator: Stephen D. Fisher, EY, Boston, MA Panelists: Karen Lau Gibian, Investment Company Institute, Washington, DC; David Mangefrida, Calamos Investments LLC, Naperville, IL
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  • Thinking About Converting to a RIC? Important Considerations . This panel will address the tax and other legal and operational complexities faced by different types of private investment funds, including those structured as group trusts, common trust funds and partnerships, when deciding to convert to a RIC. Moderator: Christopher C. Scarpa, Stradley Ronon Stevens & Young LLP, Philadelphia, PA Panelist: Richard C. LaFalce, Morgan Lewis & Bockius LLP, Washington, DC
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  • Current Issues for Private Investment Funds and Their Managers . This panel will address certain tax issues currently affecting private investment funds and their managers, including the recently released proposed regulations on management fee waivers and the pricing of tax attributes in a private equity auction process. Moderator: Adam J. Tejeda, K&L Gates LLP, New York, NY Panelists: Jared D. Mobley, K&L Gates LLP, Charlotte, NC; Joshua A. Kaplan, Bilzin Sumberg Baena Price & Axelrod LLP, Miami, FL
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