2012 Joint Fall CLE Meeting

Section Meeting Materials Archive

Thousands of pages of cutting-edge committee program materials presented at Section of Taxation Meetings from May 1999 to the present are available to all Tax Section members in TaxIQ. These PDF documents contain analysis of the latest federal tax policy, initiatives, regulations, legislative forecasts, and planning ideas developed by the country's leading tax attorneys and government officials.

Materials by Committee

Administrative Practice

Important Developments

• Selected Recent Developments in Adminstrative Practice (paper by Bryon A. Christensen)

The IRS in 2012: The State of the Union

• The IRS in 2012: The State of the Union – LB&I, SBSE & Appeals Update (slides submitted by Michael J. Desmond)

Through the Looking Glass (Part I): Opting Out of the OVDI Penalty Structure—What Happens Now?

• Part I - Exhibit I - Zagaris Article (supplemental panel materials)
• Part I - Exhibit L - FBAR Collections - Ciraolo (supplemental panel materials)

Transferee Liability

• Transferee Liability Panel (slides by George Hani, Tamara Ashford and Robert Probasco)
• Transferee Liability - Outline (paper submitted by George Hani)

Affiliated & Related Corporations

A Primer on Consolidated Return Basics: Membership and Group Continuance.

• A Primer on Consolidated Return Basics: Membership and Group Continuance (slides by Lawrence M. Axelrod, Jovanna Bello, Matthew E. Gareau and Marcie Barese)

Banking & Savings Institutions

Current Developments in State and Local Taxation of Financial Institutions

• Recent Developments in Massachusetts Taxation of Financial Institutions (slides by David J. Nagle)

Capital Recovery & Leasing

Current Developments Report and Update on Pending Guidance

• Current Developments (paper by Sam Weiler, Scott Mackay, Kathleen Reed and Natalie Tucker)

Issues and Considerations InvolvingTenant Improvement Allowances

• Issues and Considerations Involving Tenant Improvement Allowances (slides by Glenn Johnson and Natalie Tucker)

Tangible Property Regulations-Ongoing Implementation Issues

• Tangible Property Regulations: Common Questions & Considerations (outline submitted by Alison Jones)

Civil & Criminal Tax Penalties

Flaws in the Façade: The Anti-Injunction Act After NFIB v. Sibelius and Cohen v. United States

• Flaws in the Façade: The Anti-Injunction Act After NFIB v. Sibelius and Cohen v. United States (paper by John Colvin)
• Flaws in the Façade: The Anti-Injunction Act After NFIB v. Sibelius and Cohen v. United States (paper by A. Lavar Taylor)

Getting Paid and Staying Paid: How Alternate Charges in Tax Cases Can Put Your Fees and Client's Assets At Risk of Forfeiture.

• Getting Paid and Staying Paid: How Alternate Charges in Criminal Tax Cases Can Put Your Fees and Client's Assets at Risk of Forfeiture (slides by Dan Levy, Larry Wszalek, Jay Nanavati, Josh Ungerman and Loren Washburn)

Kovel and Tweel: How Much Vitality Do They Still Have in Sensitive Examination Matters?

• Kovel and Tweel: How Much Vitality Do they Still Have in Sensitive Examination Matter (outline submitted by Frank Agostino)
• Kovel and Tweel: How Much Vitality Do they Still Have in Sensitive Examination Matter (slides by Frank Agostino)

Reports of Subcommittees on Important Developments

• Civil and Criminal Tax Penalties: Important Developments - Criminal (paper by Michel Stein, Cory Stigile and Lacey Strachan)
• Subcommittee Report: Legislative & Administrative Developments (paper by John Colvin)

Corporate Tax

Interesting Private Letter Rulings and Other Current Developments

• Recent Developments: Interesting (and Fun!) Private Letter Rulings (slides by Jerry Fleming, Rachel Kleinberg, Michelle Lo and Martin Huck)

Section 367 – Part II

• Section 367 – Part II (slides by Chris Bowers, Joseph Calianno, Michael Wilder and Brenda Zent)

Court Procedure & Practice

Hot Topics in Trust Fund Litigation.

• Trust Fund Recovery Penalty — IRC § 6672 (paper by Robert E. McKenzie)
• Trust Fund Recovery Penalty (slides by Robert E. McKenzie)

Important Developments

• Summary of Current Developments, September 14, 2012 (paper by Sean M. Akins)

Litigating Section 7408 Actions

• Litigating Section 7408 Actions (outline by Rachel Partain, Christopher S. Rizek, Charles Pillitteri, Ann Carroll Reid and Thomas D. Sykes)

Through the Looking Glass (Part II): Litigating FBAR Penalties

• Exhibit 6_Zagaris_EthicalIssuesOffshorePlanning (supplemental panel materials)
• Exhibit 9_FBAR Collections - CDC (supplemental panel materials)

Roundtable Discussion: Evidentiary Issues in Tax Litigation

• Evidentiary Issues in Tax Litigation (slides by Tom Kane, Judge Peter J. Panuthos, Caroline D. Ciraolo and Peter Reilly)

Employee Benefits

Executive Compensation: Getting Ready for 2013

• Executive Compensation Pending Issues Under Dodd-Frank (slides by Alan A. Nadel)
• Financial Accounting Update (slides by Alan A. Nadel)

Employee Benefits Subcommittee on ESOPs

Employee Benefits ESOP Update

• ESOP Subcommittee Meeting Agenda (panel materials submitted by Erin Turley)

Employee Benefits Subcommittee on Litigation

Employee Benefits Litigation Update

• Employee Benefits Litigation Update (panel materials submitted by Erin M. Sweeney)

Employee Benefits Subcommittee on Multiple Employers, PEOs and Controlled and Affiliated Service Groups

Employee Benefits Multiple Employers, PEOs and Controlled Groups Update

• Multiple Employer Plans Primer (paper by Carol L. Myers, Sarah J. Touzalin and Audrey Kucia)

Employment Taxes

Accidental Expat/Employees

• Accidental Expatriates/Employees (slides by Deborah Spyker)

Northeast Tax Update

• New York State Joint Employment Task Force (slides by Rachel Gold)
• Worker Misclassification Presentation (slides by Heather M. Pesikoff, Rachel Gold, Ronald Marquis, Carl Guzzardi, Michael O'Toole and Debra Heikkinen)

Section 530 – An In Depth Analysis

• Recent Developments Affecting Section 530 (paper by Russell Hollrah)

Exempt Organizations

Counseling and Representing Churches and Other Religious Organizations

• Counseling and Representing Churches and Other Religious Organizations (slides by Stuart J. Lark)

Election Year Issues for Exempt Organizations

• Sec. 501(c)(4) and Private Benefit (slides by Ellen Aprill)
• Federal and State Campaign Finance Laws: A Brief Look at the Other Area of Regulation (slides by Paul Murphy)
• The FEC's "Major Purpose" v. The IRS's "Primary Purpose" As Applied to Section 501(C)(4) Organizations (slides by Ezra W. Reese)

Financial Transactions

Federal Income Tax Withholding Update-FATCA & 871(m): Practical Applications, Observations and Implications for Global Capital Markets.

• Federal Income Tax Withholding Update-FATCA & 871(m): Practical Applications, Observations and Implications for Global Capital Markets (slides by Bill Fendley, Michael Farber, Michael Hirschfeld, Karl Walli and Steven Musher)

Foreign Activities of US Taxpayers

Outbound Intangible Transfers

• Intangible Asset Transfers (slides by David B. Bailey, Peter H. Blessing, Colleen O'Neill and Brenda L. Zent)

Recent Developments in International Mergers & Acquisitions

• Recent Developments in International Mergers & Acquisitions (slides by David Bailey, Will Dixon, Brenda Zent and Eric B. Sensenbrenner)

Individual & Family Taxation

A Disabled Client and the Tax Code – Some Gems. What every Tax Practitioner and Controversy Attorney Should Know In Order to Properly Represent Their Clients

• What Every Practitioner Should Know About Disability and Taxes (paper by David Lee Rice)
• Representing Taxpayers with Disabilities Seeking to Toll Time Frames (paper by T. Keith Fogg)
• Public Benefits for People With Disabilities and Special Needs Trusts (paper by Ken W. Shulman)

Insurance Companies

How Does One Clearly Reflect Income From an Arrangement that the IRS Believes Is Not Insurance?

• How Does One Clearly Reflect Income From an Arrangement that the IRS Believes Is Not Insurance? (paper by Carol Conjura, Kristan Rizzolo and Mark Smith)

If Diversification is the Goal, Why Are Sections 817(h) and 851(b) (3) So Different? Or Are They?

• Outline of Diversification Requirements Under Sections 817(h) and 851(b)(3) (prepared by Bryan W. Keene, Stephen D. Fisher and Alison R. Peak)
• Tax Diversification for Variable Contracts & RICs: Exploring the Similarities & Differences (slides by Bryan W. Keene, Stephen D. Fisher and Alison R. Peak)

Investment Management

RICs and Commodity Market Exposure: Available Investment Options in the Current Climate

• RICs and Commodity Market Exposure: Available Investment Options in the Current Climate (slides by Amy B. Snyder, Shawn K. Baker, Richard C. LaFalce and Elizabeth J. Reza)

Joint: Closely Held Businesses (TX) and Business Planning Group (TE)

Chapter 14 Overview with Planning Implications

• Chapter 14 Essentials: A Practitioner's Guide Through The Minefield (paper by N. Todd Angkatavanich)
• Chapter 14 Overview with Planning Implications (slides by Shelby Wilson, N. Todd Angkatavanich, William Forsberg and Ivan Taback)

Defined Values Clauses--How Simple Can They Be After Wandry?

• Wandry v. Commissioner: Further Support for Defined Value Clauses (paper by Steve R. Akers and Edward F. Koren)

Issues in Dividing Up and Transferring Property Out of Professional Corporations and Partnerships

• Issues in Dividing Up and Transferring Property Out of Professional Corporations and Partnerships (slides by Steven B. Gorin, Daniel H. McCarthy, William Prescott and Robert Turnispeed)

Structuring Buyouts for Retiring Professionals

• Structuring Buyouts for Retiring Professionals (paper by Steven B. Gorin)
• Structuring Buyouts for Retiring Professionals (slides by Steven B. Gorin, Daniel H. McCarthy, William Prescott and Robert Turnispeed)

Joint: Employee Benefits and Employee Benefit Plans and Other Compensation Arrangements Group (TE)

Ethical Concerns for the ERISA Attorney

• Multi-Jurisdictional Employee Benefits Practice (slides by Charles F. Plenge)
• Ethical Concerns for the ERISA Attorney (slides by Susan A. Wetzel, Audrey Kucia, Bob Eccles and Charles F. Plenge)

Health Care Reform in the Wake of the Supreme Court Ruling

• Putting the Pieces Together: Individual Mandate, Premium Assistance, and Employer Penalties in 2014 (paper by Linda R. Mendel)
• Chart Determining Full-Time Status of Variable Hour Employees (chart submitted by Linda R. Mendel)
• The Emerging Picture of Shared Responsibility Penalties and Health Insurance Exchanges (slides by Elizabeth Ysla Leight and Linda R. Mendel)
• National Federation of Independent Businesses v. Sebelius (slides by Thomas G. Moukawsher and Peter M. Kelley)

Open Multiple Employer Plans (MEPs): Benefits and Issues

• In's and Out's of Open MEPs (slides by Carol Myers)

Joint: Employee Benefits Subcommittee on Defined Benefit Plans (TX), Distributions (TX), and the Plan Transactions and Terminations Committee (TE)

Employee Benefits Distributions and Defined Benefit Plans Update

• A Window Into PBGC''s Practice: Current Issues and Trends (paper by James J. Armbruster)
• Pension De-Risking: Tax and ERISA Issues (slides by Rosina B. Barker)
• Recent PBGC Regulatory Developments (paper by Harold J. Ashner)

Joint: Employee Benefits Subcommittee on Executive Compensation, Fringe Benefits and Securities Law (TX) and Nonqualified Plans Subcommittee (TE)

Employee Benefits Executive Compensation, Fringe Benefits and Securities Law Update

• A Brief Discussion of Form S-8 (slides by Stephen P. Coolbaugh)

Joint: Employee Benefits Subcommittee on Mergers and Acquisitions (TX) and Plan Transactions and Terminations Committee (TE)

Employee Benefits Mergers & Acquisitions Update

• De-risking Pension Plans (slides by Donald E Fuerst)
• Dealing with PBGC Downsizing Liability (slides by Harold J. Ashner)
• Single-Employer DB Plan Funding Issues (slides by Harold J. Ashner)

Joint: Employee Benefits Subcommittee on Welfare Plan Design, EEOC, FMLA and Leaves Issues (TX) and Cafeteria Plans and Reimbursement Accounts (TX) and Subcommittee on Welfare Plans (TE)

Employee Benefits Welfare Benefits Design, EEOC and FMLA Update

• Update on IRC §36B "Premium Tax Credit" Issues (slides by William M. Freedman)
• HIPAA Privacy, Security & Breach Update (slides by Cynthia Marcotte Stamer)
• Employer Issues: Stop-Loss and Self-Funding (paper by Elizabeth Ysla Leight)

Joint: Estate and Gift Taxes (TX) and Income transfer Tax Planning Group (TE)

Current Developments

• Current Developments in Estate Planning - Fall 2012 (paper by George D. Karibjanian and Hannah W. Mensch)

Decanting

• Decanting Comes of Age (paper by Jeffrey D. Chadwick, Amy E. Heller and Briani Bennett Mellen)

Planning in the Face of Uncertainty Including Last Minute, 4th Quarter Strategies

• Planning in the Face of Uncertainty Including Last Minute 4th Quarter Strategies (slides by David Scott Sloan and Mary H. Schmidt)

S Corporations: What an Estate Planner Should Know

• Estate Planning With S Corporations (paper by Jeanne L. Newlon and Brian S. Masterson)

Joint: Exempt Organizations (TX) and Charitable Planning Group (TE)

Ethical Issues for EO and Charitable Gift Planning Lawyers

• Ethics in Charitable Planning (outline by Conrad Teitell and Jerry J. McCoy)

Private Foundations:  Practical Considerations in Addressing Excise Tax Consequences

• The Application of Code Section 4943 to Passive Investment Interests Held By Private Foundations (paper by David A. Shevlin)

Joint: FAUST, FLF, Transfer Pricing & USAFTT

Joint Current International Developments Panel

• Joint Current Developments Panel (FAUST, FLF, Transfer Pricing, and USAFTT) (slides by Sean W. Mullaney, Julie M. Marion and Mark Horowitz)

Joint: Fiduciary Income Tax (TX) and Income & Transfer Tax Planning Group (TE)

Just When You Thought It Couldn't Get More Difficult: Advanced Income Taxation of Trusts And Estates.

• Just when you thought it couldn't get any more difficult…. Advanced Income Taxation of Estates and Trusts (outline by Scott Hamm)
• Just When You Thought It Couldn't Get More Difficult: Advanced Income Taxation of Trusts And Estates (slides by Scott Hamm)

Recent Developments

• Recent Developments in Fiduciary Income Tax (paper by Rachel D. Burke)

Trustee Selection: Finding the Best Fit

• 20 Tax Traps and Other Trustee Selection Considerations (paper by Mark R. Parthemer)
• Trustee Selection: Finding the Best Fit (paper by Sharon L. Klein)

Unraveling Family Limited Partnerships.

• Unraveling Family Limited Partnerships (slides by Patrick J. McCurry)

Joint: Tax Practice Management and Estate & Gift Taxes (TX)

Paralegals: Everything You Need to Know about Using Them in Your Practice

• The Paralegal Profession and the Use of Paralegals in Estate Planning and Administration (paper by Susan A. Atlas)
• The Use of Paralegals in Tax and Estate Planning Practice (outline by Jeffrey K. Gonya)
• Ethical and Related Issues in Using Paralegals in a Tax or Estate Planning Practice (paper by Michael B. Lang)

Partnerships & LLCs

Geminate: Can a Partner also be an Employee?

• Can A Partner Also Be An Employee? (slides by Elizabeth Drigotas, Timothy J. Leska and Bahar A. Schippel)

Hot Topics

• Hot Topics (slides by Beverly Katz, Eric Sloan and Jacob B. Smith)

What? This Old Stuff? Section 197 Planning for Partnerships

• What? This Old Stuff? Section 197 Planning for Partnerships (slides by Jeff Erickson, John D. Currivan and Grace Kim)

Pro Bono & Tax Clinics

Decisions and Rulings Impacting Low Income Taxpayers

• Recent Developments Affecting Low Income Taxpayers – September 2012 (paper by Charles A. Hall)

Representative Capacity

• Pro Bono and Tax Clinics: Representative Capacity (materials prepared by Michelle Drumbl)

Real Estate

Deal With It: Managing Dealer v. Investor Status

• Investor v. Dealer (paper by Peter J. Genz)
• Dealer Property (slides by Ameek Ashok Ponda and Judith G. Edington)

Going from Bad to Worse – The Mechanics and Tax Consequences of Clawback Arrangements

• Going from Bad to Worse – The Mechanics and Tax Consequences of Clawback Arrangements (slides by Todd D. Golub, Steven R. Schneider and Steven A. Schmoll)

UBTI or Not UBTI – Tax-Exempt Investor Issues

• Real Estate Committee: UBTI or Not UBTI – Tax-Exempt Investor Issues (slides by James M. Lowy, Ofer Lion and H. Neal Sandford)

We're Not Quite Out of the Woods Yet: Current and Continuing Debt Workout Issues

• We're Not Quite Out of the Woods Yet: Current and Continuing Debt Workout Issues (slides by Fred Witt, Beverly Katz and David Friedline)

S Corporations

Current Developments

• Current Developments in the Federal Income Taxation of S Corporations (paper by William Klein and Dana Lasley)

Proposed Back-to-Back Loan Regulations

• Proposed Back-to-Back Loan Regulations (paper by Stephen R. Looney)

Section 469 – Passive Activity Rules and S Corporations

• Passive Loss Issues for S Corporation Shareholders (slides by Laura Howell-Smith, Dianna Miosi and Michala Irons)

The Section 1411 "Medicare Tax" and S Corporations

• The Section 1411 "Medicare Tax" and S Corporations (slides by C. Wells Hall, III and Thomas J. Nichols)

Sales, Exchanges & Basis

Current Non-Section 1031 Developments.

• Current Non-Section 1031 Developments (paper by Erik M. Jensen)

Everything You Wanted to Know About Like-Kind Exchanges—Open Mic!

• Everything You Wanted to Know About Like-Kind Exchanges—Open Mic! (paper by Mary B. Foster and David Shechtman)

Is It Treated as a Sale? Something Else? – Part III: Issues Surrounding Tax Ownership of US Residential Mortgage Debt.

• A Review of Some Current Tax Issues Facing REMICs (slides by Alan S. Lederman and Bradley T. Borden)

Professor Jensen Speaks His Mind on the Supreme Court's Decision in National Federation.

• Professor Jensen Speaks His Mind on the Supreme Court's Decision in National Federation (paper by Erik M. Jensen)

The 2013 Tax Increases Are Coming – Carpe Diem!

• The 2013 Tax Increases Are Coming – Carpe Diem! (slides by Mark E. Wilensky, Mark Leeds and Yoram Keinan)

Section Program: Closely Held Businesses (TX)

Contesting, Correcting and Changing Your Estate Documents: Why Your Documents Are Alive Even After You're Dead!

• Contesting, Correcting and Changing Your Estate Documents: Why Your Documents Are Alive Even After You're Dead! (paper by John J. Pankauski)

Section Program: Joint: Estate & Gift Taxes (TX) and the Non Tax Estate Planning Considerations Group (TE)

Asset Protection

• The Tools of Domestic and International Asset Protection (slides by Elizabeth L. Morgan)
• Ethical Issues in Asset Protection Planning (outline by David J. Slenn)

Standards of Tax Practice

Addressing Concerns About the Ethical Judgments of a Supervising Attorney

• Addressing Concerns About the Ethical Judgments of a Supervising Attorney (slides by Rachel Partain, Bahar Schippel, Matthew Lucey , Guinevere Moore and Michael Mattaliano)

Ethical Issues in Federal Tax Practice – The Government Perspective

• Ethical Issues in Federal Tax Practice - The Government Perspective (slides submitted by Guinevere Moore)

State & Local Taxes

Cutting Edge Issues Regarding Manufacturing Exemptions From Sales And Use Taxes

• Cutting Edge Issues Regarding Manufacturing Exemptions from Sales and Use Tax (slides by Janette Lohman, Doug Sigel, Jack Trachtenberg, Jay Simpson and Christopher Chang)

Selling Your Business: Where's Our Share? State Taxes on the Sale of an Interstate Business or Subsidiary.

• Selling Your Business? States Want to Know: Where's Our Share? State and Local Tax Aspects of Liquidation of a Multistate Business or Subsidiary Entity (paper by John H. Gadon, Stewart M. Weintraub and William M. Backstrom)

Tax Accounting

Changing Methods to Comply with the Tangible Property Regulations

• Changing Methods to Comply with the Tangible Property Temporary Regulations (slides by Scott Dinwiddie, Jane Rohrs, Andrew Keyso, Natalie Tucker, Scott MacKay and Kathleen Reed)

Current Developments

• Current Developments (paper by Colleen O'Connor and Tracy Watkins)

Tax Accounting Issues in the Real Estate Industry

• Tax Accounting Issues In Real Estate (outline by Les Schneider, Carol Conjura, Andrew Keyso and Scott Dinwiddie)

Tax Exempt Financing

2012 Report of the ACT Committee: Tax-Exempt Bonds: A Survey of IRS Form for Information Reporting.

• Advisory Committee on Tax-Exempt and Government Entities (ACT) Tax-Exempt Bonds Forms (slides by David Cholst, George Magnatta and Sue Painter)

Transfer Pricing

Practical Considerations for Dealing with the Pricing of Guarantee Arrangements

• Practical Considerations for Dealing with the Pricing of Guarantee Arrangements (slides by Lucia Fedina, John Hinding, Alexey Manasuev and David M. Ernick)

US Activities of Foreigners and Tax Treaties

FATCA in "No-Man's Land": How Do You Handle Withholding and Reporting for Funds, Trusts and Other Entities that Defy Classification?

• FATCA In No Man's Land: Trust, Branch & Fund Withholding (slides by Mark Leeds, Bettie Ricca, Lisa Chippindale and Robert Foley)

Tax Issues for Investment Funds with Foreign Investors.

• Update: Foreign Persons Investing in the U.S. Through Funds (slides by Joan C. Arnold, Kim Blanchard, Karl Walli and Scott Jones)

Young Lawyers Forum

To OVDI or Not OVDI: The Implications of Voluntarily Disclosing.

• YLF Panel - Exhibit R - FBAR Collections - Ciraolo (supplemental panel materials)
• Down the Rabbit Hole: The ABCs of Disclosure (slides by Megan L. Brackney, Caroline D. Ciraolo and Kelley C. Miller)