MAY TAX MEETING VIRTUAL 2021 - American Bar ...
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VIRTUAL 2021 MAY TAX MEETING
WELCOME
JOAN C. ARNOLD SECTION CHAIR
The Tax Section is excited to offer our May Tax Meeting programming in a virtual
format that we expect will be very useful to every member of the tax law community.
With more than 40 CLE programs, a plenary session and virtual networking
opportunities, we plan to offer attendees a wealth of information and engagement over
five days.
Registration is available for the entire virtual meeting and may be purchased by
Section members at a discount. Registration includes complete access to live and
on-demand recordings of all sessions. We look forward to your participation in the
Section’s virtual Section meeting.
The Section of Taxation would like to acknowledge our sponsors
for their support of the Virtual 2021 May Tax Meeting
Diamond Sponsor
Ruby Sponsors
Emerald Sponsors
2VIRTUAL 2021 MAY TAX MEETING
VIRTUAL 2021 MAY TAX MEETING SCHEDULE
Monday (5/10) Tuesday (5/11) Wednesday (5/12) Thursday (5/13) Friday (5/14)
EB Subcommittee: Welfare Plan,
EEOC, FMLA and Leave Issues Administrative Practice Closely Held Businesses Affiliated & Related Corporations
Update
Corporate Tax
Exempt Organizations: Part 1
Capital Recovery & Leasing Real Estate
*10:00am – 12:15pm EB Subcommittee: Fiduciary
10:30am– Plenary Session
Responsibility & Plan Investments
12:00pm ET* *11:00am – 12:15pm
*11:00am – 12:00pm
Tax Accounting: Part 1 Fiduciary Income Tax Tax Exempt Financing
EB Subcommittee:
Defined Benefits
Young Lawyers Forum/ US Activities of Foreigners
Pro Bono & Tax Clinics: Part 1
Tax Bridge to Practice & Tax Treaties
BREAK 30 MINUTES
EB Subcommittee: Employee Benefits Corporate Tax & Affiliated and
Corporate Tax Court Procedure & Practice Individual & Family Taxation
Administrative Practices Update Related Networking Event
Employee Benefits: Part 1 Estate & Gift Taxes Foreign Activities of US Taxpayers Employment Taxes Partnerships & LLCs
12:30pm–
2:00pm ET*
Exempt Organizations Subcommittees Tax Collection, Bankruptcy and
State & Local Taxes: Part 1 Pro Bono & Tax Clinics: Part 2
*1:00pm – 2:00pm Workouts: Part 1
Standards of Tax Practice
Transfer Pricing Tax Accounting: Part 2 Teaching Taxation S Corporations: Part 1
BREAK 30 MINUTES
Employee Benefits: Part 2 Civil & Criminal Tax Penalties Diversity EB ESOPs Energy & Environmental
Exempt Organizations: Part 2 Financial Institutions
State & Local Taxes: Part 2 Investment Management S Corporations: Part 2
*2:15pm – 4:15pm and Products
2:30pm–
4:00pm ET*
Foreign Lawyers Forum Tax Collection, Bankruptcy Tax Practice Management Tax Policy & Simplification
The Emergence of Analytics for
and Workouts:
Tax Positions
Part 2
Presented by Blue J Legal Transfer Pricing Mentorship –
Insurance Companies *2:30pm – 3:30pm Sales, Exchanges & Basis
Capstone
BREAK 30 MINUTES
Capital Recovery & Leasing and Tax Estate & Gift & Fiduciary
Employee Benefits: Part 3
Accounting Networking Event Income Tax
New Attendee Orientation Reception Women in Tax Forum
Hosted by the Young Lawyers Forum Civil & Criminal Tax Penalties Administrative Practice &
4:30pm– Pro Bono & Tax Clinics Committee Court Procedure & Practice
and Diversity Committee Networking Event
6:00pm ET* Networking Event Networking Event
*4:30pm – 5:30pm
International Committees
Tribute to Bill Lyons, Associate LLCs and LLPs Subcommittee of
State & Local Taxes Roundtable Networking Event
Editor-in-Chief, The Tax Lawyer Partnerships & LLCs
(FLF, USAFTT, Transfer Pricing, FAUST)
Legend: Plenary Events (non-CLE) Social Networking Events (non-CLE) Non-CLE Sessions Recommended CLE Sessions for Young Lawyers & Law StudentsLEARN
MORE
AND
REGISTER
RATES & PRICING
Please note: Academic and LITC free rate will only be available for ABA Tax Section members.
FULL REGISTRATION Early Bird Rate Conference Rate
(please select one) by 04/24/2021 after 04/24/2021
Tax Section Member $300 $330
Non-Section Member $405 $445
Government/Academic/Non-Profit $100 $110
LITC Employee $25 $25
Non-Member $600 $660
ABA Student Member Free Free
CLE Information
The ABA will seek 25 hours of CLE credit in 60-minute states, and 30 hours of CLE credit for this program in
50-minute states including 3.0 hours of CLE ethics credit and 2.25 diversity credit in 60-minute states and
3.6 hours of CLE ethics credit and 2.7 diversity credit in 50-minute states. Credit hours are estimated and are
subject to each state’s approval and credit rounding rules. Please visit the program website at www.americanbar.
org/events-cle/mtg/web/411389115/ for program CLE details or visit www.americanbar.org/mcle for general
information on CLE at the ABA.
This program is not approved by NASBA. Attendees may be able to submit a request directly to their individual
State Board of Accountancy requesting CPE credit for their attendance at the program.
Contact Us
Questions? Send a message to the ABA Section of Taxation staff at taxmeeting@americanbar.org.
Scholarship Information
Scholarships to defray tuition expense for this program are available upon application on a case-by-case basis.
Scholarship applications must be received no later than 30 days prior to the program. For programs with tuition
costs over $500, qualifying attorneys will receive at least a 50% reduction in the registration fee. To request a
scholarship application, please e-mail the Tax Section at taxlserve@americanbar.org.
Technical Requirements
These courses are compatible with any HTML5 and JavaScript enabled web browser including Chrome, Firefox,
Safari, Edge and mobile devices using current software. Internet Explorer is not recommended. Some browser
settings may interfere with the live stream—if you have trouble consider refreshing the page, trying a different
browser, or disconnecting your VPN.
4MONDAY, MAY 10
11:00AM – 12:15PM Eastern
Plenary Session (Non-CLE)
Plenary speaker Kimberly A. Clausing will discuss tax policy priorities within the new
administration and how tax policy has been designed to respond to key challenges of today,
including economic recovery, social inequality, and climate change.
12:30PM – 2:00PM Eastern
Corporate Tax
I Don’t Know What I Don’t Know: M&A Issues Beyond Subchapter C. This panel will address
issues that sub-C lawyers might not be aware of when advising a client on an M&A transaction.
This panel plans on discussing issues related to accounting methods, installment sales, foreign
currency hedging and related integration issues, BEAT, possible gain recognition agreement
triggers, the impact on certain transfer pricing arrangements and foreign tax credits.
Moderator: Scott Levine, Jones Day
Panelists: Layla Asali, Miller & Chevalier; Neville Jiang, Deloitte Tax; Rebecca Lee, PwC
12:30PM – 2:00PM Eastern
Employee Benefits Part 1
Department of the Treasury/Internal Revenue Service Hot Topics. Representatives from
the Department of Treasury and the IRS will provide updates on the latest guidance and
developments affecting employee plans.
Moderator: Don Wellington, Reed Smith LLP, Los Angeles, CA
Panelists: Rachel D. Leiser Levy, Associate Chief Counsel, Employee Benefits, Exempt
Organizations and Employment Taxes, Office of Chief Counsel, IRS, Washington, DC (Invited);
Helen Morrison, Deputy Benefits Tax Counsel, Office of Benefits Tax Counsel, Department
of Treasury, Washington, DC (Invited); Stephen Tackney, Deputy Associate Chief Counsel
5MONDAY, MAY 10
(Employee Benefits), Employee Benefits, Exempt Organizations and Employment Taxes,
Office of Chief Counsel, IRS, Washington, DC (Invited); Carol Weiser, Department of Treasury,
Washington, DC
12:30PM – 2:00PM Eastern
State & Local Taxes Part 1
Working Remotely in a Pandemic: Emerging Guidance Signals Flexibility in Ethics Rules.
Working remotely has become commonplace for state and local tax practitioners during the
COVID-19 pandemic. Many practitioners have been compelled by stay-at-home orders to
practice from jurisdictions in which they may not be licensed to practice. This session will
review multijurisdictional practice requirements for attorneys and accountants, including recent
guidance issued by the American Bar Association and state bar associations affecting remote
work rules during the pandemic.
Speakers: Laurie Stoeckmann, EY, New York, NY; Mark E. Holcomb, Dean Mead & Dunbar,
Tallahassee, FL; Glenn C. McCoy, New York, NY
12:30PM – 2:00PM Eastern
Transfer Pricing
Shelter from the Storm: Transfer Pricing Trends in Tax-Efficient Jurisdictions. U.S. MNEs
have long preferred a handful of foreign jurisdictions with strong corporate and commercial law
and business-friendly tax and transfer pricing rules as sites for their regional headquarters and
holding companies. Yet, the OECD BEPS process, ATAD I and ATAD II, US Tax Reform, Brexit,
DAC-6, and the European Commission’s State Aid investigations have dramatically altered
the conditions under which those structuring decisions were made. Our panel of practitioners
from prominent regional headquarter/holding company jurisdictions will explore how these
momentous developments will affect existing structures, how they change structuring decisions,
and how arbitration systems and local ruling and APA practices are evolving, all with attention
to intangibles and intercompany financing. In other words, where is now the best place for
multinational companies to find “shelter from the storm”?
Moderator: Brandon King, Baker & McKenzie LLP
6MONDAY, MAY 10
Panelists: Thierry Boitelle (Switzerland), Bonnard Lawson; Luis Coronado (Singapore), Ernst
& Young Solutions LLP; Catherine O’Meara (Ireland), Matheson; Romain Tiffon (Luxembourg),
ATOZ; Jan van den Tooren (The Netherlands), Hamelink & Van den Tooren
2:00PM – 2:30PM Eastern
Break (Non-CLE)
2:30PM – 4:00PM Eastern
Employee Benefits Part 2
2:30PM
The Race to Vaccinate Your Talent. This panel will provide an up-to-the-minute look at what
employers, employees and unions need to know now about the legal issues associated with
vaccination programs, with a focus on individual and group vaccination incentives, employer
liability, the inadvertent creation of group health plans, and employee refusals to vaccinate.
Decision points such as the choice to set up a closed or open point of dispensing (POD), the
tax implications of vaccination of non-dependents, the pros and cons of utilizing on-site clinics
to vaccinate, and whether to adopt a mandatory or voluntary vaccination program will be
analyzed and best practices discussed.
Moderator: Erin M. Sweeney, DLA Piper LLP, Washington, DC
Panelists: Ashley Carr, DLA Piper, Austin, TX; Marc Katz, DLA Piper, Dallas, TX; Kendra
Roberson, Covington & Burling LLP, Washington, DC; Danny Tobey, DLA Piper, Dallas, TX
3:15PM
Electronic Signatures in Employee Benefit Plans. The COVID-19 Pandemic accelerated the
need to answer questions about electronic signatures in employee benefit plans. This panel
will discuss existing law, historical guidance and emerging law around electronic signatures of
plan sponsors, plan administrators, participants and spouses. It will focus on the application of
current standards and potential emergence of electronic signature solutions.
Moderator: David Whaley, Thompson Hine, Cincinnati, OH
Panelists: TBA
7MONDAY, MAY 10
2:30PM – 4:00PM Eastern
State & Local Taxes Part 2
A New Digital Frontier: The Maryland Digital Advertising Tax and its Siblings. As the digital
economy expands, state and local governments are exploring new ways to tax online and digital
activities, on the notion that traditional state tax rules don’t capture the gross receipts or income
from these services (or that there’s gold in them thar hills). Enter Maryland’s recently enacted
digital advertising tax. The panel will explore (1) this and similar targeted taxes recently passed
by state and local governments, (2) political issues impacting other state and local governments
looking to do the same, and (3) constitutional, sourcing and other legal issues to be considered
by taxpayers in relation to these taxes.
Moderator: Steve Young, Holland & Hart, Salt Lake City, UT
Panelists: James W. Dawson, Jr., Miles & Stockbridge, Rockville, MD; Jeanette Moffa, Moffa,
Sutton Donnini, Tallahassee, FL; Michael J. Semes, Villanova University & Baker Hostetler,
Philadelphia, PA
2:30PM – 4:00PM Eastern
The Emergence of Analytics for Tax Positions
(Non-CLE)
Presented by Blue J Legal
When defending a client’s position to the IRS or a judge, it can be hard to ensure you are
making the strongest possible argument for the client’s position, mitigating the risk of the
position being successfully challenged and providing time- and cost-effective service for your
client. Join us as we discuss how leading tax professionals are using advanced analytics tools
to strengthen client positions and gain an advantage in settlement discussions by: Using
artificial intelligence to identify the strength of a position with greater than 90% accuracy;
Testing the effect of various changes to the facts on the strength of the position; Gaining a
comprehensive view of the law by identifying authorities and guidance that may pose a risk
to the position or can be used to support it; Providing independent, 3rd party reports to foster
favorable resolutions.
8MONDAY, MAY 10
4:00PM – 4:30PM Eastern
Break (Non-CLE)
4:30PM – 6:00PM Eastern
Employee Benefits Part 3
4:30PM
What You Need to Know About American Rescue Plan Act and Recent Legislative Proposals.
On March 11, 2021, Congress enacted the American Rescue Plan Act of 2021. This legislation
makes significant changes that will impact employee benefits practices, including the funding
relief for single employer pension plans, significant measures to help stabilize multiemployer
pension plans, enhanced COBRA subsidies, and increase to dependent care FSA limits and the
extension and expansion of tax credits for employee retention and COVID-19 leaves
Moderator: Andrew C. Liazos, McDermott Will & Emery, LLP, Boston, MA; David Whaley,
Thompson Hine, Cincinnati, OH
Panelists: Kendra Isaacson, Senior Pensions Counsel, Senate Health Education, Labor and
Pension Committee; Drew Crouch, Senior Tax and ERISA Counsel, Senate Finance Committee
5:30PM
Cybersecurity Guidance For Employee Benefit Plans. On April 14, 2021, the U.S. Department
of Labor released guidance on cybersecurity issues for employee benefit plans. This guidance
follows increased litigation alleging that employers, fiduciaries and service providers have failed
to prudently protect retirement accounts against cybersecurity threats. This panel will address
what you need to know about this important guidance, including its practical implications for
employers and plan fiduciaries.
Moderator: Andrew C. Liazos, McDermott Will & Emery, LLP, Boston, MA
Panelists: Tim Hauser, Deputy Assistant Secretary for National Operations, Employee Benefit
Security Administration, U.S. Department of Labor; Todd McClelland, McDermott Will & Emery
LLP, Atlanta, GA
9MONDAY, MAY 10
4:30PM – 5:30PM Eastern
New Attendee Orientation Reception (Non-CLE)
Hosted by the Young Lawyers Forum & Diversity Committees.
This pre-meeting orientation and networking event is geared toward young lawyers, law
students, and attendees who have not attended a Tax Section meeting in the past. Section
leaders will explain how to navigate and get the most out of the meeting and from membership
in the Tax Section. Attendees will then have the opportunity to talk in small groups with each
other as well as senior members of the Section. This is a great opportunity to ask questions,
meet peers, and network with some of the top tax attorneys in the country.
4:30PM – 6:00PM Eastern
State & Local Taxes Roundtable (Non-CLE)
SALT Committee Round Table. Join the SALT Committee in a virtual version of its traditional
“Saturday Morning Roundtable.”
Moderator: David A. Hughes, Horwood Marcus & Berk, Chartered, Chicago, IL
10TUESDAY, MAY 11
10:00AM – 4:15PM Eastern
Exempt Organizations
10:00AM
Committee Business (Non-CLE)
10:15AM
News from the IRS, Treasury and the Hill. Representatives from the IRS, Treasury Department,
and the Senate Committee on Finance will discuss topics of current interest to exempt
organizations practitioners.
Moderator: Victoria Bjorklund, Bjorklund Consulting, LLC, Sea Cliff, NY
Panelists: Christopher Arneson, Senior Tax Policy Advisor, Senate Committee on Finance,
Washington, DC (Invited); Janine Cook, Deputy Associate Chief Counsel (EEE), IRS Office of
Chief Counsel, Washington, DC (Invited); Rachel D. Leiser Levy, Associate Chief Counsel (EEE),
IRS Office of Chief Counsel, Washington, DC (Invited)
11:15AM
Ask the IRS. This panel will give practitioners an opportunity to submit questions to IRS
representatives in advance and at the meeting. Topics are likely to include the online exemption
application process, IRS operations during the pandemic, and IRS restructuring.
Moderator: Meghan Biss, Caplin & Drysdale, Washington, DC
Panelists: Casey Lothamer, Area Counsel, IRS Office of Chief Counsel, Washington, DC; Rob
Malone, Acting Director Exempt Organizations and Government Entities, Washington, DC;
Timothy Berger, Tax Law Specialist, IRS, Washington, DC
1:00PM
Subcommittee Meetings (Non-CLE)
11TUESDAY, MAY 11
2:15PM
Form 990 in the Big League. With the Form 990, Schedule B at the Supreme Court, this
panel will discuss the potentially significant implications for the regulation of nonprofits at issue
in Thomas More Law Society v. Becerra and Americans for Prosperity Foundation v. Becerra.
Both organizations are challenging the constitutionality of the California law requiring the
organizations to provide their unredacted Form 990, including the list of donors provided on
Schedule B, to the State as a condition of soliciting donations in the state. There are interesting
and complex constitutional law issues at stake, as well as consequences for organizations that
support controversial issues and donors looking for anonymity.
Moderator: Ellen Aprill, Loyola Law School, Los Angeles, CA
Panelists: Roger Colinvaux, Columbus School of Law, Washington, DC; James Sheehan, Chief,
Charities Bureau, NY State Office of the Attorney General, Albany, NY; Alan Gura, Institute for
Free Speech, Washington, DC; Jenny Kim, Washington, DC
3:15PM
Herding Cats: Group Exemptions and Notice 2020-36. After 40 years, the IRS has proposed
a substantial modification to the procedures that govern group exemptions. This panel will
discuss IRS Notice 2020-36, the comments submitted by the ABA EO Committee and others
in response to the Notice, the benefits, challenges and limitations of group exemptions and
group returns, and theories for effective updates of the current group exemption procedures.
Moderator: James P. Joseph, Arnold & Porter, Washington, DC
Panelists: Michael Durham, Kirton McConkie, Salt Lake City, UT; Seth J. Groman, IRS Office of
Associate Chief Counsel (Invited); Elinor Ramey, Steptoe & Johnson, Washington, DC
12TUESDAY, MAY 11
10:30AM – 12:00PM Eastern
EB Subcommittee
Welfare Plan, EEOC, FMLA and Leave Issues Update. This subcommittee meeting will consist
of: (i) a review of topics affecting employer-sponsored health and welfare plans included as part
of the Consolidated Appropriations Act of 2021 and the American Rescue Plan Act of 2021,
such as surprise billing, price transparency, mental health parity compliance and reporting, and
COBRA subsidies, as well as related guidance regarding the COVID-19 pandemic Outbreak
Period and changes to health and dependent care flexible spending accounts, and (ii) a
discussion of the practical questions and issues faced by employer plan sponsors and plan
participants as they grapple with this panoply of welfare plan developments.
Panelists: Jacquelyn Meng Abbott, Vorys, Sater, Seymour and Pease, LLP, Houston, TX; Krisa
Benskin, Baker Botts LLP, Houston, TX; Kevin Knopf, IRS Office of Chief Counsel, Washington,
DC (Invited); Stephen B. Tackney, Deputy Associate Chief Counsel, Employee Benefits, Exempt
Organizations and Employment Taxes (EEE), Washington, DC (Invited); Carolyn M. Trenda,
McGuireWoods LLP, Chicago, IL; Kimberly Wilcoxon, Thompson Hine LLP, Cincinnati, OH;
Linda R. Mendel, Vorys, Sater, Seymour and Pease, LLP, Columbus, OH; Matthew Muma,
Department of Treasury, Washington, DC; Amber Rivers, Department of Labor, Washington, DC
10:30AM – 12:00PM Eastern
Tax Accounting: Part 1
10:30AM
Current Developments. This panel will review recent developments in the area of tax
accounting since the Section of Taxation meeting held virtually in January. The panel will also
discuss ongoing projects and anticipated guidance, with commentary and input from our guests
from the Internal Revenue Service and Department of the Treasury.
Moderator: Michael Resnick, Eversheds Sutherland
Panelists: Ryan Corcoran, RSM US LLP; John Moriarty, Associate Chief Counsel, Income
Tax & Accounting, IRS; Julie Hanlon-Bolton, Deputy Associate Chief Counsel, Income Tax &
Accounting, IRS; Kate Abdoo, Special Counsel, Income Tax & Accounting, IRS; Chris Wrobel,
13TUESDAY, MAY 11
Special Counsel, Income Tax & Accounting, IRS; Kathleen Reed, Branch Chief, Branch 7,
Income Tax & Accounting, IRS
11:15AM
The Section 165(i) Disaster Loss Election. This panel will discuss continuing unresolved issues
with the application of the Section 165(i) disaster loss election in the context of the covid-19
pandemic. Unanswered questions remain with respect to 2020 losses as well as 2021 losses
now that the pandemic has continued. Practitioners will discuss these issues with commentary
and input from our guests from the Internal Revenue Service and Department of Treasury
Moderator: TBA
Panelists: Mary Duffy, Andersen Tax; Norma Rotunno, Branch Chief, Branch 1, Income Tax &
Accounting, Internal Revenue Service; Justin Grill, Income Tax & Accounting, Internal Revenue
Service; Kim Koch, Attorney-Advisor, Department of the Treasury
10:30AM – 12:00PM Eastern
Young Lawyers Forum/Tax Bridge to Practice
10:30AM
What in the World? – An Overview of the OECD’s impact on US Tax. Over the years, the
Organization for Economic Cooperation and Development (“OECD”) has sought to address
the issue of abusive corporate tax planning strategies used to shift taxable profits from higher-
tax jurisdictions to low-tax jurisdictions, whether through the Base-Erosion and Profit Shifting
Project (“BEPS”), or through the more recently announced OECD Pillar 1 and Pillar 2. This
panel will aim to provide a high-level review of these projects and the issues the OECD seeks to
address as well as the OECD’s role in international tax, including the U.S. role with the OECD.
Moderator: Cooper B. Sartell, Troutman Pepper Hamilton Sanders LLP
Panelists: Jessica Kemp, Travers Smith LLP; Jonathan Schwarz, Temple Tax Chambers; Natalie
Punchak, Senior Counsel, IRS Office of Chief Counsel (International), Washington, DC
11:15AM
Become an Expert on Experts: The Ins and Outs of Expert Witness Testimony in the Tax
Court. Effectively leveraging expert witnesses in a Tax Court proceeding could turn the tide of
a case. But, the rules surrounding the use of expert witnesses and their testimony are unique.
14TUESDAY, MAY 11
This panel will discuss a number of topics relating to the use of expert witnesses in Tax Court,
including who can serve as one, how they are selected, what their role is, how they are
questioned, and how they are challenged or disqualified.
Moderator: Court Roberts, Baker & McKenzie LLP
Panelists: Albert G. Lauber, Judge, US Tax Court; Henry Cheng, DLA Piper; Rachel Borden, IRS
12:00PM – 12:30PM Eastern
Break (Non-CLE)
12:30PM – 2:00PM Eastern
EB Subcommittee (Non-CLE)
Employee Benefits Administrative Practices Update. The panel will discuss lessons learned
from recent IRS retirement plan audits. After a brief review of the IRS retirement plan audit
process, featured panelist Ed Salyers, a former senior Employee Plans Specialist with the Tax
Exempt & Government Entities Division who conducted/oversaw large employer plan audits for
over 30 years, will share his insights about what the IRS currently focuses on during audits,
how to prepare for an audit, and how to make audits go smoothly.
Panelists: Jewelie A. Grape, J.Grape Law, PLLC, St. Paul, MN; Brandon Long, McAfee & Taft,
Oklahoma City, OK; Ed Salyers CPA, Hendersonville, TN
12:30PM – 2:00PM Eastern
Estate & Gift Taxes
12:30PM
Estate Planning – Is the Window of Opportunity Closing? What Do We Do Now? Mr. Akers
will discuss potential transfer tax legislation, and what estate planners should consider
discussing with their clients as 2021 unfolds.
Panelist: Steve R. Akers, Bessemer Trust Company, Dallas, TX
15TUESDAY, MAY 11
1:15PM
Code Section 2701. Mr. Angkatavanich will discuss the ins and outs of Code § 2701.
Panelist: Todd Angkatavanich, Ernst & Young, Guilford, CT
12:30PM – 2:00PM Eastern
Tax Accounting: Part 2
Section 451 regulations. This panel will continue the discussion from January on the final
regulations under Section 451(b) and (c) and doing a deeper dive on the AFS Income Inclusion
Rule, enforceable right and the AFS cost offset method. In addition, the panel will discuss the
merits and any detriments of the book PCM option with commentary and input from our guests
from the Internal Revenue Service and Department of Treasury
Moderator: Carol Conjura, KPMG
Panelists: Heather Harman, Andersen; Jane Rohrs, Deloitte; Jason Black, PwC; Karla Meola,
Special Counsel, Income Tax & Accounting, Internal Revenue Service; Charles Gorham, Special
Counsel, Income Tax & Accounting, Internal Revenue Service; JoLynn Ricks, Attorney, Income
Tax & Accounting, Internal Revenue Service; Wendy Friese, Tax Policy Advisor, Department of
the Treasury (Invited); Timothy Powell, Tax Policy Advisor, Department of the Treasury (Invited)
2:00PM – 2:30PM Eastern
Break (Non-CLE)
16TUESDAY, MAY 11
2:30PM – 4:00PM Eastern
Civil & Criminal Tax Penalties
Reports of Subcommittees on Important Developments. Representatives of the various
subcommittees will provide updates on important developments in tax law over the past year.
Panelists: Legislative and Administrative Developments - S. Starling Marshall, Crowell &
Moring, LLP, New York, NY; IRS Investigations and Enforcement - Sanessa Griffith, Skadden
LLP, Washington, DC; Important Developments in Civil Litigation - Stephen Josey, Kostelanetz
& Fink LLP, New York, NY; Important Developments in Criminal Litigation - Ben Eisenstat,
Caplin & Drysdale, Chtd, Washington, DC; Monetary Violations and Forfeitures - Matthew Lee,
Fox Rothschild, LLP, Philadelphia, PA; Foreign Financial Reporting and Enforcement - Victor
Jaramillo, Caplin & Drysdale, Chtd, Washington, DC; International Tax Practice - Sahel A. Assar,
Buchanan Ingersoll & Rooney, PC, Washington, DC; Voluntary Disclosures - Laura Gavioli,
Alston & Bird LLP, New York, NY; Privileges - Steven P. Johnson, Morgan Lewis, Washington,
DC; Sentencing Issues - Derick Vollrath, Marcus Neiman Rashbaum & Pineiro, LLP, Fort
Lauderdale, FL
2:30PM – 4:00PM Eastern
Foreign Lawyers Forum
International Tax Trends: Global Tax Chaos. It is not just the Biden Administration and U.S.
Treasury’s Office of Tax Policy that are signaling change is on the horizon – the entire tax world
is awhirl with international changes impacting the taxation of US MNEs and foreign MNE’s
with US operations. All governments are struggling with budget deficits resulting from COVID
stimulus measures and declining tax revenues. The current climate has resulted in increased
audit activity, a broadening of the permanent establishment concept, a narrowing of entitlement
to treaty benefits, increasing obligations to disclose details of cross-border transactions (e.g.,
DAC 6), the proliferation of domestic anti-avoidance rules, and the changing taxation of
intellectual property transactions. Our panelists will discuss these and other international tax
topics that are trending in their respective jurisdictions and equip cross-border practitioners
with the background and talking points necessary to remain relevant in the fast-evolving post-
COVID environment.
17TUESDAY, MAY 11
Moderator: Kimberly Blanchard, Weil Gotshal & Manges LLP (United States)
Panelists: Angelo Nikolakakis, EY Law LLP (Canada); Dr. Ocka Stumm, Gleiss Lutz (Germany);
Leonardo Homsy, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados (Brazil); Peng Tao,
DLA Piper LLP (US) (China)
2:30PM – 4:00PM Eastern
Insurance Companies
Developing Issues for Insurance Companies. This panel will explore the recent legislative
changes to the definition of life insurance in section 7702 and what that means for insurance
companies that issue life insurance contracts. In addition, the panel will discuss the final and
proposed PFIC regulations and how they relate to insurance companies.
Moderator: Alison R. Peak, Davis & Harman LLP, Washington, DC
Panelists: Josephine Firehock, Attorney, Office of Chief Counsel (International), IRS,
Washington, DC; Robert A. Fishbein, Prudential Financial, Inc., Newark, NJ; Jason Kaplan,
Deloitte Tax LLP, New York, NY; Kristin Norberg, Symetra, Bellevue, WA; Craig R. Springfield,
Davis & Harman LLP, Washington, DC; Angela Walitt, Department of Treasury, Washington, DC
4:00PM – 4:30PM Eastern
Break (Non-CLE)
4:30PM – 6:00PM Eastern
Capital Recovery & Leasing and Tax
Accounting Networking Event (Non-CLE)
4:30PM – 6:00PM Eastern
Civil & Criminal Tax Penalties
Networking Event (Non-CLE)
18TUESDAY, MAY 11
4:30PM – 6:00PM Eastern
International Committees
Networking Event (Non-CLE)
Interested in getting more involved with FAUST, USAFTT, Foreign Lawyers Forum, and/or
Transfer Pricing? Miss the camaraderie of the Joint International Committees Dinner? Join
your international tax and transfer pricing peers for a brief update on international committee
activities followed by an hour (or so) of professional speed-dating: canvas recent tax
developments with fellow practitioners or simply catch up with old friends (and make new
ones) as you “mingle” across Zoom breakout rooms. Will it be a little awkward? Of course; it’s
web-based conferencing. Will it still be enjoyable? Absolutely! BYOB. (But no one else needs
to know what’s in that coffee cup.)
19WEDNESDAY, MAY 12
10:30AM – 12:00PM Eastern
Administrative Practice
10:30AM
Important Developments. This panel will discuss current developments and topics of
immediate interest in tax administrative practice. Panel will focus on recent legislative efforts
impacting tax law and the IRS, Treasury and IRS guidance, court decisions, ongoing litigation
and other items germane to tax administration.
Panelists: Michael Scarduzio, Jones Day, New York, NY; Robert Wearing, Deputy Associate
Chief Counsel (Procedure & Administration), IRS, Washington, DC; Adriana Wirtz, Cooley LLP,
New York, NY
11:10AM
Where, Oh Where Could My Refund Be? Obtaining a tax refund is not limited to simply as
filing an income tax return and reporting an overpayment. This panel will discuss various topics
with respect to seeking a refund, including informal and formal refund claims, protective refund
claims, and tentative refund claims. Discussion will highlight particular issues and procedures
in seeking a refund during the COVID pandemic.
Moderator: Sanessa Griffiths, Skadden Arps Slate Meagher & Flom LLP, Washington, DC
Panelists: Jorge Castro, Miller & Chevalier, Washington, DC; Bridget Roberts, Deputy National
Taxpayer Advocate, Taxpayer Advocate Service, IRS, Washington, DC
10:30AM – 12:00PM Eastern
Capital Recovery & Leasing
10:30AM
Emerging section 174 issues. From 1954 to 2021, Research & Expenditures have been
immediately deductible in full. The Tax Cuts & Jobs Act of 2017 changed that: For taxable
years beginning after December 31, 2021, R&E expenditures must be capitalized and
amortized over five years (15 years if the R&E was foreign). This panel will consider issues
20WEDNESDAY, MAY 12
raised by the capitalization requirements such as, the identification of R&E expenditures, and
the effects on section 41 R&D credits, estimated tax payments, and international tax planning.
The panel will also consider whether Congress may act to stop the capitalization of R&E.
Moderator: Tony Coughlan, RSM US LLP, Washington, DC
Panelists: Alexa Claybon, EY, Washington, DC; Jennifer Records, Senior Technician Reviewer,
Office of Chief Counsel – Passthroughs & Special Industries), Internal Revenue Service,
Washington, DC
11:00AM
Section 451(b) and Leasing. This panel will highlight considerations related to section 451(b)
and leasing transactions.
Moderator: Joyce Welch, Deloitte Tax LLP, San Diego, CA
Panelists: Charles Gorham, Special Counsel to Associate Chief Counsel, Office of Chief Counsel
- Income Tax & Accounting, Internal Revenue Service, Washington, DC; Jo Lynn Ricks, Attorney,
Office of Chief Counsel – Income Tax & Accounting, Internal Revenue Service, Washington,
DC; Douglas Kim, Attorney, Branch 1, Income Tax & Accounting, Internal Revenue Service,
Washington, DC; Wendy Friese, Tax Policy Advisor, Department of Treasury, Washington, DC;
Timothy Powell, Tax Policy Advisor, Department of Treasury, Washington, DC; Carol Conjura,
KPMG, Washington, DC
11:30AM
Current Developments and Update on Pending Guidance. This panel will cover the important
recent developments in the areas of capital recovery and leasing.
Moderator: Jillian Chavis, EY, Washington, DC
Panelists: Julie Hanlon-Bolton, Deputy Associate Chief Counsel, Office of Chief Counsel -
Income Tax & Accounting, Internal Revenue Service, Washington, DC; Kathleen Reed, Branch
Chief, Branch 7, Income Tax & Accounting, Internal Revenue Service, Washington, DC; Amy
Pfalzgraf, Special Counsel to Associate Chief Counsel, Office of Chief Counsel - Income Tax &
Accounting, Internal Revenue Service, Washington, DC; Jessica Hawn, Andersen, Chicago, IL;
Wendy Friese, Tax Policy Advisor, Department of Treasury, Washington, DC (Invited); Timothy
Powell, Tax Policy Advisor, Department of Treasury, Washington, DC (Invited)
21WEDNESDAY, MAY 12
10:30AM – 12:00PM Eastern
EB Subcommittee
Defined Benefit Plans Update. The subcommittee will discuss recent issues of interest affecting
defined benefit plans, including the pension funding relief and financial assistance provisions of
the American Rescue Plan Act of 2021 and developments from the PBGC and IRS/Treasury.
Panelists: Harlan Weller, Senior Actuary, Department of Treasury, Washington, DC (Invited);
Linda Marshall, Senior Counsel, Office of Associate Chief Counsel (TEGE), IRS, Washington,
DC (Invited); William Evans, Attorney Advisor, Office of Benefits Tax Counsel, Department
of Treasury, Washington, DC (Invited); Stephanie Cibinic, Deputy Assistant General Counsel
for Regulatory Affairs, Pension Benefit Guaranty Corporation, Washington, DC (Invited);
Louisa Soulard, Deputy Assistant General Counsel for Legal Policy, Pension Benefit Guaranty
Corporation, Washington, DC (Invited); Deva A. Kyle, Bredhoff & Kaiser PLLC, Washington, DC
(Invited); Kendra Kosko Isaacson, Senate Committee on Health, Education, Labor and Pensions
(Invited); Harold Ashner, Keightley & Ashner LLP, Washington, DC; Allison Hoots, Keightley
& Ashner LLP, Washington, DC; Israel Goldowitz, The Wagner Law Group, Washington DC;
Dominic DeMatties, Thompson Hine LLP, Washington DC; John H. Wendeln, Thompson Hine
LLP, Cincinnati, OH
12:00PM – 12:30PM Eastern
Break (Non-CLE)
22WEDNESDAY, MAY 12
12:30PM – 2:00PM Eastern
Court Procedure & Practice
Best Practices for Virtual Trials Before the U.S. Tax Court. Since the COVID-19 pandemic
forced the U.S. Tax Court to convert to a virtual trial format on Zoomgov, over 100 cases have
gone to trial. The IRS Office of Chief Counsel has developed a series of best practices which
they have been using to train their trial attorneys, and have graciously agreed to share those
best practices with members of the Tax Section. The panel will discuss the technology and
practical issues both parties face in preparing a case for trial in a virtual environment, including
the use of “step-aside” consultation rooms.
Moderator: Karen J. Lapekas, Lapekas Law PA, Miami, FL
Panelists: Honorable Judge Emin Toro, U.S. Tax Court, Washington, DC; Shawna A. Early,
Special Trial Counsel, SB/SE, IRS Office of Chief Counsel, New York, NY; W Curtis Elliott, Jr.,
Culp, Elliott & Carpenter PLLC, Charlotte, NC
12:30PM – 2:00PM Eastern
Foreign Activities of US Taxpayers
12:30PM
Overlay of Potential International Tax Reform and OECD Pillars I and II. This panel will
examine the potential influence of OECD Pillars I and II on tax reform in the United States,
and possible interactions of the regimes, examining issues such as country-by-country
determinations, minimum taxes based on book income, and the continued relevance of foreign
tax credits.
Moderator: Bob Stack, Deloitte, Washington, DC
Panelists: Doug Poms, KPMG, Washington, DC; Loren Ponds, Miller & Chevalier, Washington, DC
23WEDNESDAY, MAY 12
1:15PM
What’s Next? Legislative Developments. This panel will consider prospective changes to
the international provisions of the Internal Revenue Code, focusing on the viability of various
proposals and reflecting on the policy issues involved.
Moderator: Barbara Angus, EY, Washington, DC
Panelists: Nita Asher, PwC, Washington, DC; Chip Harter, PwC, Washington, DC
12:30PM – 2:00PM Eastern
Tax Collection, Bankruptcy and Workouts: Part 1
Collection Abroad, Including Collection of Title 26 and Title 31 International Information
Return Penalties. With the increase in international enforcement efforts, heightened focus
on anti-money laundering and anti-tax evasion, and recent clarifications to the Delinquent
International Information Return Submission procedures, individuals and entities are
increasingly subject to substantial civil penalties for failing to report foreign financial accounts
and other violations of the Bank Secrecy Act and the Internal Revenue Code. This panel will
review the methods by which the United States can collect penalties assessed under the Bank
Secrecy Act and the Internal Revenue Code, available defenses, and best practices for pursuing
collection alternatives. The panelists will also discuss other collection devices available to
the Government to collect taxes from abroad, including: writ ne exeat republica actions and
customs or prevent departure orders; repatriation orders; receiverships; and mutual collection
assistance requests under applicable treaties.
Moderator: Eli S. Noff, Frost Law, Annapolis, MD
Panelists: Frank Agostino, Agostino & Associates, PC, Hackensack, NJ; Caroline D. Ciraolo,
Kostelanetz & Fink LLP, Washington, DC; Daniel N. Price, IRS Office of Chief Counsel (Small
Business/Self Employed), Austin, TX; Thomas J. Sawyer, U.S. Department of Justice, Tax
Division, Washington, DC
24WEDNESDAY, MAY 12
12:30PM – 2:00PM Eastern
Teaching Taxation
Law Schools and Access to Tax Justice. How can law schools help improve access to tax
justice? Panelists will present models of law school courses through which students provide tax
services or representation to taxpayers, or for which access to justice is the primary subject of
the course. The panel will engage a variety of perspectives including different areas of tax law,
different pedagogical approaches, and different institutional commitments by the law schools.
Topics will include Volunteer Income Tax Assistance, Low-Income Taxpayer Clinics, a seminar
on Taxes and Social Justice, a Business Tax Practicum, and the Adopt-a-Base program.
Moderator: Michelle Lyon Drumbl, Robert O. Bentley Professor and Director, Tax Clinic,
Washington & Lee University School of Law, Lexington, VA
Panelists: Alice Abreu, Professor of Law and Director, Center for Tax Law and Public Policy,
Temple University Beasley School of Law, Philadelphia, PA; C. Wells Hall III, Partner, Nelson
Mullins, Charlotte, NC and Charleston, SC; Matthew T. James, Visiting Practice Professor of
Law and Director, Low Income Taxpayer Clinic, Temple University Beasley School of Law,
Philadelphia, PA; Francine Lipman, William S. Boyd Professor of Law, William S. Boyd School
of Law, University of Nevada, Las Vegas, NV; Manoj Viswanathan, Professor of Law and
Co-Director, Center on Tax Law, UC Hastings Law, San Francisco, CA
Co-sponsored by: Pro Bono & Tax Clinics
2:00PM – 2:30PM Eastern
Break (Non-CLE)
25WEDNESDAY, MAY 12
2:30PM – 4:00PM Eastern
Diversity
The Multicultural Taxpayer: How to Address Discrimination with the IRS. Please join us
for Part I of a two-panel series, with Part II taking place during the Pro Bono and Tax Clinic
Committee session. In advocating for any taxpayer with the IRS, no one should tolerate being
discriminated against because of age, sex, color, disability, race, religion, or national origin. The
panel will provide an overview of implicit bias against multicultural taxpayers and highlight
the IRS’ investment in equity, diversity, and inclusion. Panelists will also discuss how to report
discrimination to the IRS, resources available to multicultural taxpayers, and best practices to
ensure that tax practitioners, taxpayers, and IRS employees are treated fairly and respectfully.
Moderator: Michael A. Wallace, EA, Agostino and Associates, PC, Hackensack, NJ
Panelists: Barbara Kaplan, Esq, Greenberg Traurig, New York, NY; Keisha Clark-Proctor, IRS
Office of Equity Diversity and Inclusion, New York, NY; Brenda Stuart-Luke, IRS Communication
& Liaison, New York, NY; Darol Tucker, IRS Taxpayer Advocate Service, New York, NY
Co-Sponsored by: Pro Bono and Tax Clinic Committee
2:30PM – 4:00PM Eastern
Investment Management
2:30PM
Emerging Issues for Investment Funds and Crypto Currency. This panel will focus on
reporting changes and related crypto-exchange issues; international issues for funds trading in
cryptocurrency; and tax issues relating to the emergence of crypto ETFs.
Moderator: Brian Lozada, Ripple, San Francisco, CA
Panelists: Lawrence Zlatkin, Coinbase; Joeseph Riley, Dechert LLP; Sam Riesenberg, KPMG
3:15PM
SPAC to the Future.
Moderator: Brett Fieldston, KPMG LLP, New York, NY
Panelists: Brett Fieldston, KPMG LLP; John-Michael Kretz, KPMG LLP; Cedric Van den Borren,
Kirkland & Ellis International LLP
26WEDNESDAY, MAY 12
2:30PM – 3:30PM Eastern
Tax Collection, Bankruptcy and Workouts Part 2
Update on International Debt Restructurings. The TCJA has brought major changes to the
treatment of bankruptcies and debt workouts involving foreign entities. The enactment of GILTI
completely changed the tax consequences of transactions involving CFCs. There are many
unanswered questions on the GILTI treatment of cancellation of debt (COD) income and section
382. Also to be discussed are the tax issues that arise when the foreign parent undergoes a
debt restructuring, with or without the participation of the U.S. subsidiaries. These transactions
can implicate the inversion rules and can affect the ability of the U.S. subsidiaries to qualify for
section 382(l)(5) treatment.
Moderator: Lee G. Zimet, Alvarez and Marsal Taxand LLC, Morristown, NJ
Panelists: Ayana Martinez, RSM, Washington, DC; Brendan Sinnott, Alvarez and Marsal Taxand
LLC, New York, NY
4:00PM – 4:30PM Eastern
Break (Non-CLE)
4:30PM – 6:00PM Eastern
Pro Bono Committee Networking Event (Non-CLE)
A Conversation with Hon. Peter J. Panuthos and Susan Morgenstern. Please join the Pro
Bono and Tax Clinics Committee and host, Nina Olson, for a special conversation with the Tax
Section’s 2021 Distinguished Service Award recipient, Judge Peter Panuthos and 2021 Pro
Bono Award Recipient, Susan Morgenstern. Olson will lead Morgenstern and Panuthos in a
discussion of highlights in their careers, favorite memories, lessons learned and much more.
Participants will also have the chance to share anecdotes and ask questions of the panelists.
Following the interactive conversation, participants will have the chance to talk informally in
small groups with their pro bono and tax clinic colleagues and share victories and frustrations
from a very challenging year.
27THURSDAY, MAY 13
10:30AM – 12:00PM Eastern
Closely Held Businesses
10:30AM
Hot Topics for Closely Held Businesses. This panel will discuss recent developments in
legislation, regulatory guidance, and noteworthy cases impacting closely held businesses.
Moderator: Jonathan D. Grossberg, Shmuel Law Group, LLC
Panelists: Joseph Boddicker, Alvarez & Marsal Taxand, LLC, Washington, DC; Brianne deSellier,
Crowe LLP, Washington, DC
11:00AM
Representing the Professional Selling to or Purchasing a Minority Interest in a Corporate
Practice. This panel will discuss the abundant availability of capital, corporate practices
continue to acquire veterinary, dental, and now even specialty dental practices. The panel
will also examine both the opportunities and risks of being fully paid for the practice, offered
holdback provisions, and the requirement of continued employment post-closing. For the
associate and professional purchasing a minority interest in a corporate practice, the ability to
leave unscathed is critical if the arrangement and practice operations do not meet the minority
owner’s standards.
Moderator: Adam Abrahams, Meyers Hurvitz Abrahams LLC, Rockville, MD
Panelists: William P. Prescott, Wickens Herzer Panza, Avon, OH; Morgan L. Klinzing, Troutman
Pepper, Philadelphia, PA; Galina (Allie) Petrova, Petrova Law PLLC, Greensboro, NC
28THURSDAY, MAY 13
10:30AM – 12:00PM Eastern
Corporate Tax
Current Developments in Corporate Taxation. This panel will address recent developments
relating to corporate taxation including corporate-related provisions in the Biden
Administration’s tax plan and issues raised in recently released private letter rulings. More detail
to come.
Moderator: Matthew White, KPMG
Panelists: Tijana Dvornic, Wachtell Lipton Rosen & Katz; Jessica Hough, Skadden; Additional
Panelists TBA
10:30AM – 12:00PM Eastern
Fiduciary Income Tax
10:30AM
Grantor Trust Code Section 675. Ms. Moody will discuss Internal Revenue Code Section 675
and various planning options thereunder.
Panelist: Anna Katherine (AK) Moody, Venable LLP, Washington, DC
11:15AM
Navigating the Myriad of Fiduciary Income Tax. Steering through with confidence with both
a Technical Understanding and the Planning Opportunities involved with taxation of trust
beneficiaries will help tax practitioners, trustees and other advisors gain greater efficiency and
effectiveness in managing and advising trusts. Exploring the Grantor Trust rules, the Code and
Regulations involving Distributable Net Income (DNI), awareness with state law considerations
and available tax options can mitigate both income and estate taxes, promote fairness and
impartiality to current and future trust beneficiary interests and help better manage and invest
trust assets.
Panelists: Thomas Kelley, Wilmington Trust, New York, NY; Alvina H. Lo, Wilmington Trust,
New York, NY
29THURSDAY, MAY 13
10:30AM – 12:00PM Eastern
Pro Bono & Tax Clinics Part 1
10:30AM
Tax Issues on the Horizon. Panelists will discuss the tax provisions of the American Rescue
Plan of 2021 including the third stimulus check and changes to the anti-poverty credits.
Panelists will discuss both the important policy effects of the new law, including the recurring
Child Tax Credit payments, as well as the nuance and specifics of the statutory language within
the bill.
Moderator: Beverly Winstead, Clinical Professor of Law, Maryland Carey School of Law,
Baltimore, MD (Invited)
Panelists: Elaine Maag, Principal Research Associate, Urban Institute, Washington, DC; Joshua
Beck, Senior Tax Analyst, Attorney Advisor Group, Taxpayer Advocate Service, Des Moines, IA
11:15AM
The Taxation of H2A Workers. Panelists will discuss ongoing efforts to maintain the exemption
amount under IRC § 873(b)(3) for non-resident farmworkers, focusing on H-2A workers,
including varying results at the administrative level and potential litigation in the Court of
Federal Claims.
Moderator: Luz Arevalo, Senior Attorney, Low Income Taxpayer Clinic, Greater Boston Legal
Services, Boston, MA
Panelists: Robert Nassau, Teaching Professor & Director, Low Income Taxpayer Clinic, Syracuse
Law School, Syracuse, New York; Iris Figueroa, Director of Economic & Environmental Justice,
Farmworker Justice, Washington D.C. (Invited), IRS Speaker (Invited)
30THURSDAY, MAY 13
11:00AM – 12:00PM Eastern
EB Subcommittee (Non-CLE)
Fiduciary Responsibility & Plan Investment Update. This panel will discuss recent
developments regarding the investment advice exemption, the Department of Labor’s non-
enforcement of the ESG and proxy voting rules, missing participant guidance and the Abbott
Laboratories cybersecurity litigation.
Panelists: David A. Cohen, Benetic, Washington, DC; Yongo Ding, Morgan Lewis & Bockius,
Washington, DC; Jeffrey Lieberman, Skadden Arps Slate Meagher & Flom LLP, New York, NY;
Arsalan Malik, Groom Law Group, Washington, DC; Fritz Richter III, Bass Berry & Sims PLC,
Nashville, TN; Erin M. Sweeney, DLA Piper, Washington, DC
12:00PM – 12:30PM Eastern
Break (Non-CLE)
12:30PM – 2:00PM Eastern
Corporate Tax & Affiliated and Related
Networking Event (Non-CLE)
12:30PM – 2:00PM Eastern
Employment Taxes
12:30PM
IRS Employment Tax Update. An overview of important developments since the January 2021
Meeting, including discussion of the AMERICAN RESCUE PLAN Act and other COVID relief
measures, along with court cases, legislation, and executive orders affecting employment taxes.
31THURSDAY, MAY 13
Moderator: Priya C. Schwartzburt, PwC, Philadelphia, PA
Panelists: Janine Cook, Deputy Associate Chief Counsel, Tax Exempt and Governmental
Entities, IRS; Syd Gernstein, Branch Chief, Employment Tax Branch, IRS, Washington, DC;
Dixie Pond, Attorney, Employment Tax Branch, IRS, Washington, DC
1:30PM
Shoring Up Shortfalls: Women, Retirement and the Growing GigSupp Economy. An overview
of the challenges and anticipated needs of gig workers in saving for retirement (including the
extraordinary circumstances presented by the COVID-19 pandemic)
Moderator: Edward J. Leyden, Leyden Law LLC, Washington, DC
Panelists: Professor Jonathan Barry Forman, University of Oklahoma College of Law; Professor
Caroline Bruckner, Managing Director, Kogod Tax Policy Center, American University; Mikhail
Zhidkov, Attorney, Employment Tax Branch, IRS, Washington, DC
12:30PM – 2:00PM Eastern
Pro Bono & Tax Clinics: Part 2
12:30PM
U.S. Tax Court Update. Chief Special Trial Judge Carluzzo together with Special Trial Judges
Panuthos and Leyden will discuss updates from the Tax Court. Topics include issues associated
with the Court’s limited scope agreement, upcoming access to court records, and a summary of
new and emerging issues from calendar call participants.
Moderator: Susan Morgenstern, Taxpayer Advocate Service, Cleveland, OH
Panelists: The Honorable Lewis R. Carluzzo, Chief Special Trial Judge, US Tax Court,
Washington, DC; The Honorable Peter J. Panuthos, Special Trial Judge, US Tax Court,
Washington, DC; The Honorable Diana L. Leyden, Special Trial Judge, US Tax Court,
Washington, DC
1:15PM
Elimination of Bias in Tax Practice, Part II. This is the second of a two-part discussion of the
elimination of bias in tax practice. Attendance in Part I sponsored by Diversity is recommended
but not mandatory. This panel will focus on the elimination of bias in the attorney client
32THURSDAY, MAY 13
relationship, and help tax professionals identify implicit and explicit bias in working with low-
income clients and focus on best practices for promoting sensitivity to cultural difference. The
panel will also raise attorneys’ ethical obligations as it relates to the elimination of bias. It is
recommended that attendees take an Implicit Association Test prior to attending the session,
https://implicit.harvard.edu/implicit/takeatest.html
Moderator: Terri Morris, Christine Brunswick Fellow, Community Tax Law Project, Richmond,
VA (Invited)
Panelists: Tamara Borland, LITC Program Director, Taxpayer Advocate Service; Walter May,
Assistant to the Bishop of the Evangelical Lutheran Church (Invited); Michelle Ferreira,
Greenberg Traurig, San Francisco, CA
Co-Sponsored by: Diversity Committee
12:30PM – 2:00PM Eastern
S Corporations
12:30PM
Hot Topics – Legislative. A dialogue with representatives from the Government about pending
legislation relevant to S corporations and closely-held businesses.
Moderator: Thomas J. Nichols, Meissner Tierney Fisher & Nichols S.C., Milwaukee, WI
Panelists: Andrew Grossman Chief Tax Counsel House Ways and Means Committee,
Washington, D.C.; Elle Collins, Tax Counsel, House Ways and Means Committee, Washington,
D.C.; Sarah Schaefer, Senior Tax Policy Advisor, Senate Finance Committee, Washington, D.C.;
Andre Barnett, Senior Tax Counsel, Senate Finance Committee, Washington, D.C.
1:30PM
Important Developments in the Federal Income Taxation of S Corporations. This panel will
discuss recent legislative, administrative, and judicial developments relating to S corporations
and their shareholders.
Panelists: Janelle N. Darnell, McGuireWoods, LLP, Washington, DC; Kandyce L. Korotky,
Covington & Burling LLP, Washington, DC
33THURSDAY, MAY 13
2:00PM – 2:30PM Eastern
Break (Non-CLE)
2:30PM – 4:00PM Eastern
EB Subcommittee
ESOPs Update. This meeting will include (subject to representation from the Department of
Treasury or Department of Labor) a more robust discussion of heightened DOL audit activity
with respect to ESOP trustees (e.g., book of business audits) and include a review of the most
recent “process agreement” issued in connection with a DOL settlement against an individual
trustee. We will also conclude our discussions on how transactions changed in light of
pandemic uncertainty, including the expansion of clawback and earnout provisions utilized in
negotiations. Finally, the group will review a robust transaction year (2020) that saw significant
purchases of ESOP owned companies and issues raised in connection with a “sales side”
process. As always, if time allows, the group will review the current status of ESOP litigation.
Panelists: Benjamin J. Evans, Dentons Bingham Greenebaum LLP; Allison Wilkerson,
McDermott Will & Emery, Dallas, TX; Michelle Lewis, Hunton & Williams LLP, Washington,
DC; Scott Thompson, Haynes & Boone, Dallas, TX; David A. Whaley, Thompson Hine LLP,
Cincinnati, OH
2:30PM – 4:00PM Eastern
S Corporations
2:30PM
Hot Topics – Regulatory. A dialogue with representatives from the Government about regulatory
developments relevant to S corporations.
Moderator: Kevin D. Anderson, BDO, Washington, DC
Panelists: Richard T. Probst, IRS Office of Chief Counsel, Pass-Throughs & Special Industries,
Washington, D.C.; Kevin I. Babitz, IRS Office of Chief Counsel, Pass-Throughs & Special
Industries, Washington, D.C.; and Christiaan T. Cleary, IRS Office of Chief Counsel, Pass-
Throughs & Special Industries, Washington, D.C.
34THURSDAY, MAY 13
3:15PM
Back to Basics, Part 2: Formation and Use of S Corporation Subsidiaries. This is the second
installment in a series of deep dives into Subchapter S geared to new tax lawyers. This program
will review the use of S corporation subsidiaries and related rules, including the use of qualified
subchapter S subsidiaries and disregarded entities in transaction structures.
Panelists: David E. Kahen, Roberts & Holland LLP, New York, NY; Jeffrey Alberty,
Grant Thornton
2:30PM – 4:00PM Eastern
Tax Practice Management
IRS Fraud Enforcement and Cryptocurrency Update. The Internal Revenue Service has
recently established the Office of Fraud Enforcement (“OFE”) to enhance the detection
and deterrence of fraudulent taxpayer activity. The OFE has broad authority to coordinate
enforcement activity across all IRS activities, including cryptocurrency enforcement. Join the
IRS Commissioner for SB/SE Collections, the new Director of OFE, and the new IRS Counsel for
OFE to learn about recent fraud enforcement and collection efforts involving cryptocurrency and
non-fungible tokens (“NFTs”) and what tax practitioners should know moving forward.
Moderator: Travis Thompson, Sideman & Bancroft, LLP, San Francisco, CA
Panelists: Darren Guillot, Commissioner, SB/SE Collections, IRS; Carolyn Schenck, National
Fraud Counsel & Assistant Division Counsel (INTL), IRS; Damon Rowe, Director, Office of Fraud
Enforcement, IRS; Michelle Schwerin, Shareholder, Capes Sokol, Saint Louis, MO
2:30PM – 4:00PM Eastern
Transfer Pricing (Non-CLE)
Transfer Pricing: Classroom to Boardroom (TP C2B) Mentorship Program Capstone. In
fall 2020, the Transfer Pricing Committee launched a new mentorship program for law and
graduate economics students – TP C2B. Our six pairs of student mentees and corporate tax
professional mentors have since “met” periodically to discuss practical aspects of transfer
pricing and tax for multinational corporations. The mentees have gained insight into how
the concepts they’re learning in class operate on the ground, and the mentors have relished
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