MIDYEAR TAX MEETING VIRTUAL 2022 - American Bar ...
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VIRTUAL 2022 MIDYEAR TAX MEETING
WELCOME
JULIE DIVOLA SECTION CHAIR
The Tax Section is excited to offer our Midyear 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 2022 Midyear Tax Meeting
DIAMOND SPONSOR
EMERALD SPONSORS
PUBLISHING PARTNER
The Educational Affiliate of the Tax Lawyer
2VIRTUAL 2022 MIDYEAR TAX MEETING
VIRTUAL 2022 MIDYEAR TAX MEETING SCHEDULE
All Times ET Monday, January 31 Tuesday, February 1 Wednesday, February 2 Thursday, February 3 Friday, February 4
EB Subcommittee: Defined
Administrative Practice Closely Held Businesses Affiliated & Related Corporations
Contribution and Lifetime Income
Foreign Activities of US Taxpayers Capital Recovery & Leasing Real Estate
EB Subcommittee: Executive
Compensation & Mergers and
10:30am– Acquisitions
Opening Plenary Session Tax Exempt Financing
12:00pm
Tax Accounting
EB Subcommittee: Listserve and Hivebrite Help Desk
Fiduciary Income Tax
Defined Benefit Plans Update *11:00am – 1:00pm
EO Subcommittee Meeting:
US Activities of Foreigners
Political & Lobbying Organizations Pro Bono & Tax Clinics
& Tax Treaties
*11:00am – 12:00pm
BREAK 30 MINUTES
Corporate Transactions
Open Discussion
Corporate Tax: Part 1 Cryptocurrency Task Force Individual & Family Taxation
Hosted by the Corporate Tax &
Affiliated and Related Committees
Court Procedure & Practice Listserve & Hivebrite Information
Session
*12:30 – 1:30pm
12:30pm– Employee Benefits: Part 1 Estate & Gift Taxes Partnerships & LLCs
2:00pm*
Employment Taxes
State & Local Taxes: Part 1 Sales, Exchanges & Basis S Corporations: Part 1 Standards of Tax Practice
Exempt Organizations: Part 1
*12:15pm – 2:15pm Tax Collection, Bankruptcy
Transfer Pricing Teaching Taxation Tax Policy & Simplification: Part 1
and Workouts
BREAK 30 MINUTES
EB Subcommittee: Administrative
Corporate Tax: Part 2 Civil & Criminal Tax Penalties Diversity Energy & Environmental
Practices & Litigation
EO Subcommittee Meeting (joint): Foreign Lawyers Forum S Corporations: Part 2
Private Foundations, International Financial Institutions
Employee Benefits: Part 2
Philanthropy & UBIT Listserve & Hivebrite Information and Products
2:30pm– *2:30pm – 3:30pm Session Tax Practice Management
4:00pm* *2:30 – 3:30pm
EB Subcommittee:
State & Local Taxes: Part 2 Welfare Plans and EEOC, FMLA and Tax Policy & Simplification: Part 2
Leave Issues Update Pro Bono Committee
Young Lawyers Forum
Networking Event
The Emergence of Analytics for Tax LLCs and LLPs Subcommittee of
Investment Management
Positions – BlueJ Partnerships & LLC
BREAK 30 MINUTES
EB Subcommittee: Exempt
Exempt Organizations Part 2 Estate & Gift and Fiduciary
Employee Benefits: Part 3 Organization and Governmental Plans
*4:15pm – 6:15pm Income Tax Joint Session
& Fiduciary Responsibility
Information and Networking Session: Administrative Practice & Court
Connecting with Tax Section Capital Recovery & Leasing and Tax
4:30pm– Procedure & Practice
Committees for New and Veteran Accounting Networking Event Conference Concludes
6:00pm* Networking Event
Members
*4:30pm – 5:30pm Women in Tax Forum
International Committees
Civil & Criminal Tax Penalties
Networking Event
State & Local Taxes Roundtable Networking Event
(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 01/13/2022 after 01/13/2022
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 28 hours of CLE credit in 60-minute states, and 33.6 hours of CLE credit for this program
in 50-minute states including 3.75 hours of ethics credit in 60-minute states and 4.5 hours of ethics 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/418836350/ for program CLE
details or visit www.americanbar.org/mcle for general information on CLE at the ABA.
Florida Bar regulators have stated that attorneys will not receive Florida credit for this ABA program, even if they
self-apply. More information on the Florida Supreme Court order and its impact on ABA programs can be found
here:
https://www.americanbar.org/events-cle/mcle/jurisdiction/florida/
https://www.americanbar.org/events-cle/mcle/jurisdiction/florida/florida-rule-change/
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, JANUARY 31
10:30AM – 12:00PM
Opening Plenary Session (Non-CLE)
Speakers: William G. Gale, Co-director, Tax Policy Center; Loretta Collins Argrett, retired, US
Justice Department, Tax Division
William G. Gale’s remarks will focus on three issues. Mainstream public finance analysis in
economics has proceeded for decades with virtually no attention to race issues. First, what
determines whether a policy is racist? There is no definition that would correctly characterize
every policy, but the presence of pre-existing conditions and policies should shape this
discussion. Second, many of the same underlying conceptual issues that arise in public finance
also arise in analysis of racism and policy. Third, there is a perhaps surprising correspondence
between some of the main topics in each field. Institutional racism–a key driver of racist
policies that is poorly understood by economists because it does not involve individuals
actively discriminating–is sometimes the result of unintended effects–a bread-and-butter part of
standard public finance analysis. The discipline of public finance has tools and frameworks that
can provide useful insights into the economics of racism and can constructively analyze ways
to address the problems racism creates, and that the challenges to incorporating race-related
considerations into public finance are surmountable and the opportunities are enormous.
We are honored to be joined by Ms. Argrett as she shares events in her own life to demonstrate
that mentorship and participation in Tax Section activities makes one a better lawyer and
enhances their professional life on many levels. Loretta will also discuss her belief that we have
to market our practice options and educate students and aspiring lawyers on how important it
is for them to understand that tax law knowledge is essential to other law practice areas.
12:00PM – 12:30PM
Break (Non-CLE)
5MONDAY, JANUARY 31
12:30PM – 2:00PM
Corporate Tax Part 1
The Corporate Tax-Related Proposals of the Build Back Better Act. This panel will discuss the
corporate tax-related proposals of the Build Back Better Act possibly including the new corporate
alternative minimum tax, the excise tax on stock buybacks, new rules on certain stock losses,
the new section 163(n) interest expense deduction provision, the expansion of section 1059 to
“purchased E&P”, and the new stock basis adjustment rules under section 961.
Moderator: Scott Levine, Jones Day, Washington, DC
Panelists: Jessica Hough, Skadden, Washington, DC; Graham Magill, Weil Gotshal & Manges,
Washington, DC; Josh Ruland, EY, Washington, DC
12:30PM – 2:00PM
Employee Benefits Part 1
12:30PM
Cryptocurrency for Employee Benefits Lawyers – What You Need to Know. Cryptocurrency
has increasingly become mainstream and employers are considering how it can be used as part
of compensation arrangements and benefit plans to attract and retain talent. This session will
address what you need to know about cryptocurrency (bitcoin), IRS guidance regarding taxation
of convertible virtual currencies and the issues to consider when paying employees with
cryptocurrency in various forms, including incentive awards, retirement plans and IRAs, both in
the U.S. and abroad.
Moderator: Andrew C. Liazos, McDermott Will & Emery LLP, Boston, MA
Panelists: Andrea S. Kramer, McDermott Will & Emery LLP, Chicago, IL; Brian Tiemann,
McDermott Will & Emery LLP, Chicago, IL
1:15PM
The Changing Practice of Law During a Pandemic: Ethical Considerations. (Ethics Credit) The
COVID-19 pandemic has brought changes to the legal practices many attorneys, including how
and where we practice law. This panel will review and discuss Formal Opinion 498 (virtual law
6MONDAY, JANUARY 31
practices), ABA Formal Opinion 495 (when a lawyer may practice law while physically in a
different jurisdiction), and ABA Formal Opinion 489 (lawyers changing law firms).
Moderator: Don Wellington, Wellington Gregory LLP, Los Angeles, CA.
Panelists: David Hudson, Belmont University College of Law, Nashville, TN; Jenni Krengel,
Buchalter Law Firm, Sacramento, CA
12:30PM – 2:00PM
State & Local Taxes Part 1
Special Taxes – Special Challenges. Many localities impose taxes separate and apart from
state-level taxes. But just because a locality imposes it, does not mean they have the authority
to impose it or that they have imposed it correctly. This session will discuss various ways
to challenge a local tax, many of which are unique to the limited jurisdiction possessed
by localities.
Moderator: Leah Robinson, Mayer Brown, New York, NY
Panelists: Adam P. Beckerink, Morgan Lewis & Bockius LLP, Chicago, IL; Nikki E. Dobay,
Eversheds Sutherland, Sacramento, CA
12:30PM – 2:00PM
Transfer Pricing
Cryptocurrency and Other Hot Topics in Transfer Pricing in 2022. The development of
cryptocurrency has raised many new and novel issues that impact taxation in general, and
transfer pricing in particular. A panel of esteemed experts will provide background on the
history, development and current nature of cryptocurrency as well as markets and uses
for cryptocurrency. These experts will also discuss the emerging taxation issues relating to
cryptocurrency with a particular focus on transfer pricing. In addition, the panel will discuss a
number of recent developments on the horizon that could dramatically impact transfer pricing
issues. In particular, the panel will provide an update on OECD issues such as the proposals for
Pillar One and Pillar Two of BEPS 2.0.
Moderator: Philippe Penelle, Duff & Phelps, Los Angeles, CA
7MONDAY, JANUARY 31
Panelists: Sirsha Chatterjee, EY, San Francisco, CA; Daniel Velazquez-Nunez, Deloitte, Mexico
City, Mexico; Chris Kotarba, Alvarez & Marsal, San Jose, CA
2:00PM – 2:30PM
Break (Non-CLE)
2:30PM – 4:00PM
Corporate Tax Part 2
Splits, Spins, Restructure or Do We Belong Together – M&A Current Developments Panel.
This panel will provide a discussion on recently issued PLRs and other newsworthy transactions
in the subchapter C arena and the transactional effect of new legislation and any guidance that
may come our way under Sections 355, 368 or related provisions.
Moderator: Amie Colwell Breslow, Jones Day, Washington, DC
Panelists: Thomas Wood, Skadden, Washington, DC; Jay Singer, Shearman & Sterling,
Washington, DC; Lulu Ma, EY, Washington, DC
2:30PM – 4:00PM
Employee Benefits Part 2
2:30PM
The Ever-Changing Post-SECURE Act World of Multiple Employer Plans (MEPs). This panel
will discuss the recent expansion in the availability and types of multiple employer retirement
plans that employers may use to provide benefits to their employees. Over the past few years,
programs, such as association plans, pooled employer plans, and PEO plans, have received
unprecedented support from Congress and the Departments of Treasury and Labor as ways
to expand retirement saving opportunities to more employers and more employees across the
nation. We will discuss the basics of MEPs under the SECURE Act, share recent developments
in the marketplace for these kinds of plans, and highlight where guidance is still needed in
order to support employers and providers in this space.
8MONDAY, JANUARY 31
Moderator: Rita M. Patel, DLA Piper LLP, Washington, DC
Panelists: Farrah Fielder, Slavic 401(k), Boca Raton, FL; Susan Rees, The Wagner Law Group,
Washington, DC; Stefan P. Smith, Locke Lord LLP, Dallas, TX; Robert J. Toth, Law Office of
Robert J. Toth, Jr., LLC, Fort Wayne, IN
3:15PM
Department of the Treasury, Internal Revenue Service and Department of Labor Hot Topics.
Representatives from the Department of Treasury, the IRS and the Department of Labor will
provide updates on the latest guidance and developments affecting employee plans.
Moderator: Martha N. Steinman, Hogan Lovells US LLP, New York, NY
Panelists: Carol Weiser, Benefits Tax Counsel, Office of Benefits Tax Counsel, Department of
Treasury, Washington, DC; Rachel Levy, Associate Chief Counsel, Employee Benefits, Exempt
Organizations, and Employment Taxes, Office of Chief Counsel, IRS, Washington, DC; Lauson
Greene, IRS, Washington, DC; Amber Rivers, Employee Benefits Security Administration
(EBSA), Department of Labor, Washington, DC; Eric Berger, Department of Labor, Washington,
DC; Karen Lloyd, Department of Labor, Washington, DC; Susan Wilker, Department of Labor,
Washington, DC
2:30PM – 4:00PM
State & Local Taxes Part 2
Hot and SALTy Issues Facing Pass Through Entities. Despite the burdens imposed by the
pandemic, major legislative, administrative and judicial developments affecting the state
taxation of pass-through entities occurred over the past two years. This panel will address the
rise and multistate challenges of the new and surprisingly different state PTE taxes enacted
throughout the U.S. to offset the effects of the federal SALT deduction limitation. Likewise,
several recent conflicting state court rulings seem to question the method of sourcing the gain
from the sale of ownerships interests in PTEs. The panel will also provide an overview of the
significant project the Multistate Tax Commission has undertaken, the stated goal of which is to
establish uniform principles for the state taxation of partnerships. The presentation will include
several other notable legislative enactments, decisions, and administrative rulings.
Moderator/Panelist: Jaye Calhoun, Kean Miller, New Orleans, LA
Panelists: Bruce Ely, Bradley, Birmingham, AL; Steve Wlodychak, EY, Washington DC
9MONDAY, JANUARY 31
2:30PM – 4:00PM
The Emergence of Analytics for Tax Positions (Non-CLE)
While you usually know what tax position would be preferred by your client, it can be hard to
formulate tax positions in a way that makes the strongest possible argument for the client’s
position, mitigates the risk of the position being successfully challenged and provides time-
and cost-effective service for your client. Join us as we discuss how leading tax professionals
are using advanced analytics tools to structure and document client positions 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 document
client positions.
Presented by BlueJ
4:00PM – 4:30PM
Break (Non-CLE)
4:30PM – 6:00PM
Employee Benefits Part 3
4:30PM
Health and Welfare Plan Contracting. This panel will discuss ERISA fiduciary duties in health
and welfare plan contracting, the impact of the Department of Labor’s temporary enforcement
policy described in Field Assistance Bulletin 2021-03, and how ERISA fiduciary duties impact
compliance with new transparency and surprise billing requirements.
Moderator: Elena Kaplan, Jones Day, Atlanta, GA
Panelists: Carolyn M. Trenda, McGuireWoods LLP, Chicago, IL; Ryan Temme, Groom Law
Group Chartered, Washington, DC
10MONDAY, JANUARY 31
5:15PM
Retirement Legislation. This panel will discuss retirement plan aspects of the various pieces of
legislation that have been considered by Congress. While the passage of the Build Back Better
agenda and SECURE 2.0 are far from accomplished, the proposals in those pieces of legislation
contain some elements that could modify the landscape for employer sponsored retirement
plans. This session will evaluate some of those proposals and the tensions that the proposals
will have upon plan sponsors.
Moderator: David Whaley, Thompson Hine LLP, Cincinnati, OH
Panelists: Lynn D. Dudley, American Benefits Council, Washington, DC; Diana McDonald,
Groom Law Group, Washington, DC; J. Mark Iwry, The Brookings Institution, Washington, DC
4:30PM – 5:30PM
Information and Networking Session:
Connecting with Tax Section Committees for
New and Veteran Members (Non-CLE)
Did you know the Tax Section has 36 substantive committees, covering areas of tax law from
Partnerships to Tax Accounting to International Tax and special interest groups like Diversity
and Young Lawyers (to name just a few)? Committees are the lifeblood of the Tax Section,
providing high quality CLE sessions at and between our meetings; submitting comments to
the government on pending guidance; writing for our many publications; offering targeted
networking and mentorship opportunities; and much more. If you are curious about how the
Tax Section’s committee structure works or would like more information about how to get
involved in your substantive area of tax, this is the session for you!
Tax Section leaders will give an overview of how to get the most out of Tax Section meetings,
committee membership and diversity efforts. Then representatives from many of the substantive
committees will join participants in small breakout groups to get to know each other and
share more specific information. Join us to learn how to get the most out of your Tax Section
membership, connect with members throughout the country, advance your career and stay up
to date on the latest information in your practice area. Whether this is your first Tax Section
meeting, or you are a veteran member interested in deepening your involvement in the Tax
Section, this session is for you!
Note: for this event, please make sure your Zoom is fully updated with the most recent version
so that you are able to select into the committee breakout sessions.
11MONDAY, JANUARY 31
4:30PM – 6:00PM
State & Local Taxes Roundtable (Non-CLE)
State & Local Taxes Round Table. Join the SALT Committee in a virtual version of its traditional
“Saturday Morning Roundtable.”
Moderator: Matthew C. Boch, Wright, Lindsey & Jennings LLP, Little Rock, AK
12TUESDAY, FEBURARY 1
10:30AM – 12:00PM
Employee Benefits Subcommittee: Defined
Contribution Plans and Lifetime Income
10:30AM
Defined Contribution Plans Update.
This Subcommittee meeting will examine recent and pending regulatory and enforcement
activity relating to Section 401(k) plans and other defined contribution plans, as well as
a discussion of emerging issues impacting defined contribution plans. This Subcommittee
meeting will examine recent and pending regulatory and enforcement activity relating to Section
401(k) plans and other defined contribution plans, as well as a discussion of emerging issues
impacting defined contribution plans.
Panelists: Matthew Eickman, Qualified Plan Advisors, Omaha, NE; Sarah J. Touzalin, Seyfarth
Shaw LLP, Chicago, IL; Gary Chase, Willis Towers Watson, New York, NY; William Evans,
Attorney Advisor, Office of Benefits Tax Counsel, Department of Treasury, Washington, DC
(invited); Pamela Kinard, Special Counsel, Employee Benefits, Exempt Organizations and
Employment Taxes, Office of Chief Counsel, IRS, Washington, DC (invited)
11:15AM
Lifetime Income Update
In the first meeting of this newly formed Subcommittee it will first overview the current state of
the DC lifetime Income, including the SECURE Ac’s three lifetime income provisions and new
products in the market, and discuss and identify the key legal issues related to the provision
of lifetime income through defined contribution plans upon which the subcommittee will first
focus its efforts.
Panelists: Robert Toth Jr., Law Office of Robert Toth, Jr., Fort Wayne, IN; David N. Levine,
Groom Law Group Chartered, Washington, DC; Bonnie Treichel, Endeavor Retirement,
Chesterfield, MO; Matthew Eickman, Qualified Plan Advisors, Omaha, NE
13TUESDAY, FEBURARY 1
10:30AM – 12:00PM
Foreign Activities of US Taxpayers
10:30AM
New Year, New Regulations! This panel will discuss interesting and notable items in the
recently issued FTC Regulations, the domestic partnership Final Regulations and related
Proposed Regulations on PFICs.
Moderator: Natan Leyva, Vinson & Elkins, Washington, DC
Panelists: Mallory Mendrala, Deloitte, Washington, DC; Elizabeth Nelson, PwC, Washington,
DC; Gary Scanlon, KPMG, Washington, DC; Isaac Wood, Department of Treasury; Laura Shi,
Associate Chief Counsel (International); Andrew Gordon, Associate Chief Counsel (International)
11:30AM
Cross-Border Transactions affected by Possible Changes to Tax Law. This panel will focus on
the technical aspects of certain proposed or discussed changes to cross-border tax law.
Moderator: Natan Leyva, Vinson & Elkins, Washington, DC
Panelists: Mallory Mendrala, Deloitte, Washington, DC; Elizabeth Nelson, PwC, Washington,
DC; Gary Scanlon, KPMG, Washington, DC; Jared Hermann, Joint Committee on Taxation,
Washington, DC; Isaac Wood, Department of Treasury, Washington, DC
10:30AM – 12:00PM
Tax Accounting
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 September. 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: Stanley Barsky, Eisner Amper, New York, NY
Panelists: Michael Resnick, Eversheds Sutherland; Hong Kim, PwC; Karen Messner, BDO
14TUESDAY, FEBURARY 1
USA LLP; Karla Meola, Special Counsel, Internal Revenue Service, Income Tax & Accounting,
Washington, DC; Julie Hanlon-Bolton, Deputy Associate Chief Counsel, Internal Revenue
Service, Income Tax & Accounting, Washington, DC; Robin Tuczak, Senior Program Analyst,
Internal Revenue Service, Washington, DC; Timothy Powell, Tax Policy Advisor, Department of
the Treasury, Washington, DC; Wendy Friese, Tax Policy Advisor, Department of the Treasury,
Washington, DC
11:00AM
Section 263A – A Practitioner Perspective. This panel will discuss the benefits and challenges
in assisting companies with adopting the 2018 allocation of costs under the simplified methods
(UNICAP) regulations.
Moderator: Jessica Hawn, Andersen, Chicago, IL
Panelists: David Strong, Crowe, Grand Rapids, MI; Sharon Kay, GT, Washington, DC; Kari
Peterson, PwC, Atlanta, GA
11:00AM – 6:15PM
Exempt Organizations
11:00AM
Subcommittee Meetings: Political and Lobbying Organizations (Non-CLE)
Roundtable discussion of current developments.
12:00PM
Break (Non-CLE)
12:15PM
News from the IRS and Treasury. Representatives from the IRS and Treasury Department will
discuss topics of current interest to exempt organizations practitioners.
Moderator: Steven Miller, Zerbe Miller Fingeret Frank and Jadav LLP, Houston, TX
Panelists: Rachel Leiser Levy, Associate Chief Counsel (EEE), IRS Office of Chief Counsel,
15TUESDAY, FEBURARY 1
Washington, DC; Seth J. Groman, Attorney (EEE), IRS Office of Chief Counsel, Washington, DC;
William M. Riker, Attorney (EEE), IRS Office of Chief Counsel, Washington, DC
1:15PM
Race-Based Grantmaking. The ongoing racial justice movement that moved into the national
spotlight in 2020 and continued this year has caused many in the nonprofit sector to focus
their grantmaking on racially diverse communities and minority-led organizations. This session
will highlight a few of the issues raised by this type of grantmaking such as charitability and
discrimination laws related to employment and contracting.
Moderator: Jennifer Shipp, General Counsel, The Heising-Simons Foundation, Los Altos, CA
Panelists: Shirley J. McLaughlin, Adler & Colvin, San Francisco, CA; Jill Rosenberg, Orrick
Herrington & Sutcliffe LLP, New York, NY; Genzie Bonadies Torres, Associate Director, Educational
Opportunities Project, Lawyers’ Committee for Civil Rights Under Law, Washington, DC
2:15PM
Break (Non-CLE)
2:30PM
Subcommittee Meetings: Private Foundations,
International Philanthropy & UBIT (Meeting Jointly)
(Non-CLE)
Roundtable discussion of current developments
3:30PM
Break (Non-CLE)
16TUESDAY, FEBURARY 1
4:15PM
Consequences of Americans for Prosperity Foundation v. Bonta. On July 1, 2021, the U.S.
Supreme Court issued a decision holding unconstitutional under the First Amendment the
requirement of the California Attorney General that charities soliciting in the state file Form
990, Schedule B, listing names, addresses, and amount of donations for large donors. This
panel will discuss the case, state responses, pending litigation in its wake, and its implications
for First Amendment jurisprudence as well as other disclosure laws.
Moderator: Professor Ellen P. Aprill, Loyola Law School, Loyola Marymount University,
Los Angeles, CA
Panelists: Alexander Reid, Baker Hostetler, Washington, DC; Lloyd Hitoshi Mayer, Professor of
Law, Notre Dame University, Notre Dame, IN; James Sheehan, Chief, Charities Bureau at New
York State Department of Law (Attorney General), New York, NY
5:15PM
Tax Issues for Fundraising Platforms, Donors and Donees. The Internet has changed the
landscape of charitable giving, and new charitable fundraising platforms are regularly being
formed to meet the next generation of donors where they are. This program will look at the
unique suite of tax issues that arise in the context of fundraising platforms that facilitate online
charitable giving. The panel will discuss where fundraising platforms fit within the landscape of
online philanthropy, the distinct roles that for-profit and nonprofit entities play in the operation
of a fundraising platform, and key tax issues that affect the contractual and operational
structure of fundraising platforms, including private benefit, private inurement, self-dealing,
conduit issues, and tax-deductibility of donations.
Moderator: Karen Wu, Perlman & Perlman LLP, New York, NY
Panelists: Stephanie Goldfine, Network for Good, San Francisco, CA; Jean Tom, Davis Wright
Tremaine LLP, San Francisco, CA; Carolyn O. Ward, Ropes & Gray LLP, Washington, DC
12:00PM – 12:30PM
Break (Non-CLE)
17TUESDAY, FEBURARY 1
12:30PM – 2:00PM
Cryptocurrency Task Force
Digital Assets – More than Just a Bitcoin Craze: Part I & II. Although bitcoin was the first
application of blockchain technology, the types and uses of digital assets are quickly evolving
and entering mainstream business. This two-part program will explore the complexities and
multitude of options and issues associated with determining the appropriate tax treatment
and reporting requirements of transactions involving digital assets and impact of new and
proposed legislation.
12:30PM
Digital Assets – More than Just a Bitcoin Craze: Part I. Although virtual currency is treated
as property for tax purposes, the Code often requires a distinction between different types
of property and the uses of that property. This panel will discuss the classification of various
types of digital assets and when the uses of those assets may rise to a trade or business for tax
purposes. The panel will also discuss the recently enacted digital asset reporting provisions of
the Infrastructure Investment and Jobs Act. Finally, the panel will discuss some practical tax
compliance issues and the impact of various software tools.
Moderator: Amie Colwell Breslow, Jones Day, Washington, DC
Panelists: Roger Brown, Chainalysis, Inc., New York, NY; Nicholas Mowbray, Baker & Hostetler
LLP, Washington, DC
1:15PM
Digital Assets – More than Just a Bitcoin Craze: Part II. Decentralized finance, or DeFi, refers
to offering financial products and services to the public using smart contracts on the blockchain
without an institution or central authority. DeFi has resulted in new activities, such as
decentralized lending and borrowing, liquidity mining, and yield farming. These new activities
and their decentralized nature present challenging issues regarding sourcing, timing, and
character. This panel will explore these issues and will also discuss provisions in the proposed
Build Back Better Act that extend wash sale and constructive sale treatment to digital assets.
Moderator: Matthew Stevens, EY, Washington, DC
Panelists: Andrea Kramer, McDermott Will & Emery, Chicago, IL; Jamison Sites, RSM US LLP,
Washington, DC; Anthony Tuths, KPMG, New York, NY
18TUESDAY, FEBURARY 1
12:30PM – 2:00PM
Estate & Gift Taxes
12:30PM
Gift Tax Returns: Beyond the Basics. This presentation will focus on several aspects of
preparing gift tax returns that are often overlooked or misunderstood by preparers. “Can’t we
just use book value for this entity’s value?” “What’s the big deal about a ‘qualified’ appraisal?”
“Do we really have to report all charitable gifts?” and “How do you address mistakes you
discover in prior reporting years?” are all questions that will be addressed.
Panelists: Christine Wakeman, Winstead PC, Dallas, TX
1:15PM
How Recent Case Law Impacts the Appraisal Process. This panel will discuss recent case law
impacts the valuations for federal estate and gift tax purposes. This panel will focus on defined
value clauses, tiered discounts, and other current developments in the valuation space.
Panelists: Robert Moore, Stout, Houston, TX; Oliver Warnke, Stout, Houston, TX
2:00PM – 2:30PM
Break (Non-CLE)
2:30PM – 4:00PM
Civil & Criminal Tax Penalties
2:30PM
Reports of Subcommittees on Important Developments.
3:00PM
Defending Reportable Transaction Penalty Exams (IRC section 6707) following the US
Supreme Court’s Decision in CIC Services v. Internal Revenue Service. On May 17, 2021,
the United States Supreme Court held that the Anti-Injunction Act did not bar a suit seeking to
19TUESDAY, FEBURARY 1
enjoin the IRS from enforcing the reportable transaction penalty regime against taxpayers who
participated in “micro-captive transactions.” In subsequent proceedings in late September, the
Eastern District of Tennessee dealt another blow to the government and held that the IRS failed
to follow the Administrative Procedures Act when it issued Notice 2016-66 (designating micro-
captive transactions as “transactions of interest”). This panel will address the potentially far-
reaching effects of CIC Services and other similar cases on the reportable transaction penalty
regime and provide practical advice to tax practitioners handling IRS examinations and litigation
involving listed and reportable transaction penalties.
Moderator: Brian C. McManus, Latham & Watkins LLP, Boston, MA
Panelists: Sanessa Griffiths, Skadden, Washington, DC; Mary Wood, Meadows Collier Reed
Cousins Crouch & Ungerman LLP, Dallas, TX; Samuel J. Lauricia III, Weston Hurd LLP,
Cleveland, OH
2:30PM – 4:00PM
Young Lawyers Forum
2:30PM
Getting Charged Up: A Primer on Energy Tax Incentives. This panel will provide newer
and younger lawyers with an overview of the most common investment structures used for
financing clean energy transactions and the clean energy tax incentives available to taxpayers
under current law, focusing on production tax credits, investment tax credits, alternative fuel
tax credits, and carbon capture tax credits. The panel will also discuss common assignments
newer and younger lawyers may expect when working on a clean energy transaction and
common substantive issues they may encounter. In addition, the panel will cover the evolution
of clean energy tax incentives over time, how proposed changes in the Build Back Better Act
are expected to alter the decision-making for tax equity investments by sponsors, developers,
and tax-equity investors, and touch on how tax benefits help drive ESG investments. The goal
of the panel is to provide those new to the clean energy tax space and those seeking to learn
about the clean energy tax practice with a firm understanding of the basic concepts needed to
succeed in the area.
Moderator: Mary Kate Nicholson, Eversheds Sutherland LLP, Washington, DC
Panelists: Jenny Speck, Tax Senior Manager, Deloitte, Washington, DC; Ben Livni, Vinson &
Elkins LLP, Los Angeles, CA
Co-sponsored by: Energy & Environmental Taxes Committee
20TUESDAY, FEBURARY 1
3:15PM
The Weight of Authorities: A Primer on IRS Administrative Guidance. This panel offers
an overview of IRS administrative guidance, intended to provide the audience with a better
understanding of the types of IRS administrative guidance, the weight of such authorities and
usefulness in practice, and how to request or obtain such guidance. Attendees will be able to
understand and discern differences in various types of guidance and know how to apply the
guidance to implement transactions and structures and resolve disputes on behalf of clients.
Moderator: Alec Sauble, McGuireWoods LLP, Richmond, VA
Panelists: Kandyce Korotky, Covington & Burling LLP, Washington, DC; Molly Harding, Latham
& Watkins LLP, Houston, TX
4:00PM – 4:30PM
Break (Non-CLE)
4:30PM – 5:30PM
Capital Recovery & Leasing and Tax Accounting
Networking Event (Non-CLE)
4:30PM – 6:00PM
Civil & Criminal Tax Penalties
Networking Event (Non-CLE)
21WEDNESDAY, FEBRUARY 2
10:30AM – 12:00PM
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.
Moderator: Susan Combs, Holland & Hart LLP, Jackson, WY
Panelist: Hap Trice, Deputy Associate Chief Counsel (Procedure and Administration), IRS,
Washington, DC
11:15AM
IRS Collections Actions in a Time of COVID. This panel will focus on the IRS collections
actions in a time of COVID and the effect of such actions coinciding with taxpayers who are
unable to resolve underlying asserted or assessed tax (or penalty) with the Service due to delays
in processing taxpayers’ tax returns, Service requests for additional documents, processing of
penalty abatement requests, etc. Government and private sector perspectives will be discussed
on this issue, including a discussion of best practices for taxpayers addressing collection actions
while actively working to resolve the underlying tax.
Moderator: Alina Solodchikova, RSM US LLP, Washington, DC
Panelists: Paul Butler, Deputy Chief Counsel (SBSE), Internal Revenue Service, Washington,
DC; Mary Slonina, PwC, Washington, DC
Co-sponsored by: Energy & Environmental Taxes Committee
10:30AM – 12:00PM
Capital Recovery & Leasing
10:30AM
What is “Real Property”? This panel will explore the varying definitions and implications of
“real property” throughout the Code, including sections 263A, 460, and 1031.
22WEDNESDAY, FEBRUARY 2
Moderator: Lee Gay, PwC, Washington, DC
Panelists: Charles Gorham, Special Counsel to Associate Chief Counsel, Office of Chief Counsel
- Income Tax & Accounting, Internal Revenue Service, Washington, DC; Steve Toomey, Attorney,
Office of Chief Counsel – Income Tax & Accounting, Internal Revenue Service, Washington, DC;
Ellen McElroy, Eversheds Sutherland, 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: Andrew Eisinger, Crowe LLP, Atlanta, GA
Panelists: Samantha Ezrol, Deloitte Tax LLP, Washington, DC; Julie Hanlon-Bolton, Deputy
Associate Chief Counsel, Office of Chief Counsel - Income Tax & Accounting, Internal Revenue
Service, Washington, DC; Kate Abdoo, Special Counsel, Office of Chief Counsel - 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; Karla Meola, Special Counsel to Associate Chief Counsel, Office of
Chief Counsel - Income Tax & Accounting, Internal Revenue Service, Washington, DC
10:30AM – 12:00PM
Employee Benefits Subcommittee:
Defined Benefit Plans Update
The subcommittee will discuss recent issues of interest affecting defined benefit plans,
including developments from the PBGC and IRS/Treasury and a litigation update on the
actuarial assumptions cases.
Panelists: John Menke, Assistant General Counsel, Pension Benefit Guaranty Corporation,
Washington DC; Gregory Katz, Assistant General Counsel, Pension Benefit Guaranty
Corporation, Washington DC; Harlan Weller, Senior Actuary, Department of Treasury,
Washington, DC; Linda Marshall, Senior Counsel, Office of Associate Chief Counsel (TEGE),
IRS, Washington, DC; William Evans, Attorney/Advisor, Office of Benefits Tax Counsel,
Department of Treasury, Washington, DC; Brian Lamb, Thompson Hine LLP, Cleveland, OH;
Harold Ashner, Keightley & Ashner LLP, Washington, DC; Deva A. Kyle, Cohen, Weiss and
Simon LLP, Washington, DC; Israel Goldowitz, The Wagner Law Group, Washington, DC;
23WEDNESDAY, FEBRUARY 2
Dominic DeMatties, Thompson Hine LLP, Washington DC; John H. Wendeln, Thompson Hine
LLP, Cincinnati, OH
12:00PM – 12:30PM
Break (Non-CLE)
12:30PM – 2:00PM
Court Procedure & Practice
12:30PM
Current Developments. This panel will include a report from the Tax Court, discussion of
significant IRS guidance and litigation, an update on Tax Division priorities, a report from
Treasury, and a discussion of significant pending litigation.
Moderator: Kandyce Korotky, Covington & Burling LLP, Washington, DC
Panelists: Chief Judge Maurice T. Foley, United States Tax Court, Washington, DC; Kathy Zuba,
Associate Chief Counsel (Procedures & Administration), Internal Revenue Service, Washington,
DC; Francesca Ugolini, Appellate Section Chief, Dept. of Justice, Washington, DC; Anne
Gordon, Tax Counsel to U.S. Sen. Portman, Washington, DC
1:15PM
The Supreme Court and The 30-day CDP Petition Deadline: A Discussion of Boechler v.
Commissioner. Section 6330(d)(1) gives taxpayers 30 days to petition the Tax Court to review
an adverse CDP hearing result. The taxpayer in Boechler filed its CDP petition one day late. It
believed it had a good excuse for why the petition was late. The Tax Court ruled that because
the 30-day time period was jurisdictional, it had no ability to excuse the lateness. The case is
now before the Supreme Court, presenting the question of whether the time limit in §6330(d)
(1) is really a jurisdictional requirement or just a claim-processing rule. If the latter, the Tax
Court would have the power to hear late-filed petitions when justice so requires by applying
principles of equitable tolling. The Supreme Court has scheduled oral arguments for January
12, 2022. This panel will discuss the issues in the case, the oral arguments, and how the Tax
Court might respond to a ruling that the 30-day time period is subject to equitable tolling.
24WEDNESDAY, FEBRUARY 2
Moderator: Professor Bryan Camp, Texas Tech University School of Law, Lubbock, TX
Panelists: Amy Feinberg, Latham & Watkins, Washington, DC; T. Keith Fogg, Harvard
University School of Law Tax Clinic, Jamaica Plain, MA; Kandyce Korotky, Covington and
Burling LLP, Washington, DC
12:30PM – 2:00PM
Sales, Exchanges & Basis
12:30PM
Current Events & Let’s Build... Something? Come hear our distinguished panelists speak about
the various tax reform proposals (and possibly some actual legislation enacted into law). Much
remains in flux that could affect §1031, wash sales, worthless securities, worthless partnership
interests, §1202, and much more. Other current events affecting the Code sections covered by
Sales, Exchanges, and Basis, including Opportunity Zones and Qualified Opportunity Funds,
will also be covered.
Panelists: Stephen Breitstone, Meltzer Lippe Goldstein & Breitstone LLP, Mineola, NY; Alan
Lederman, Gunster, Fort Lauderdale, FL; Olga Loy, Winston & Strawn LLP, Chicago, IL
1:15PM
Fun with Magic Internet Money (and Other Digital Assets)! Despite Bitcoin’s launch in 2008
with over 4,000 cryptocurrencies today, this area still has unanswered questions galore. This
panel will assume basic background knowledge, describe key concepts and vocabulary in
surface detail, and then pivot to interesting issues that the panelists have encountered in the
real (and digital) world. Examples of discussion points include the tax treatment of airdrops,
metaverse activities, considerations for creators and issuers of various tokens, and the §1031
issue that lingers for pre-2018 tax years and for most Californians.
Panelists: Chris Cunningham, Elliott Thomason & Gibson LLP, Dallas, TX; Matthew Rappaport,
Falcon Rappaport & Berkman PLLC, Rockville Centre, NY; Annette Nellen, San Jose State
University, San Jose, CA; Jon Van Loo, Belcher Smolen & Van Loo LLP, San Francisco, CA
25WEDNESDAY, FEBRUARY 2
12:30PM – 2:00PM
Teaching Taxation
Riding the Tax Reform Wave in Real Time. What are the different ways in which law faculty
and practitioners keep up with tax reform proposals, legislative changes, and administrative
guidance in the rapidly changing world of tax law? As professionals, we need to be aware of
conversations around legislative proposals and any resulting changes that would impact our
audience, whether that is law students or clients. What are the best processes and sources
of information for staying abreast of pending changes to the tax law? How do we juggle
uncertainty as proposals unfold, whether we are teaching students or advising clients? How
do we get up to speed as quickly as possible once changes are implemented and guidance
follows? The panel – consisting of a tax law professor, law librarian, journalist, and practitioner
– will discuss the best practices with simulations.
Moderator: Professor Paul Caron, Pepperdine Caruso School of Law, Malibu, CA
Panelists: Professor Susan Morse, University of Texas School of Law, Austin, TX; Nalini
Rajguru, Caplin & Drysdale, Washington, DC; Richard Rubin, The Wall Street Journal,
Washington, DC; David De Jong, Stein Sperling, Rockville, MD
2:00PM – 2:30PM
Break (Non-CLE)
2:30PM – 4:00PM
Diversity
ESG and Tax Policy – Responsible Tax Policies for a Better Future. Inevitably, the
Environmental, Social, and Governance (“ESG”) initiative has become not only a nationwide
movement, but more so a global phenomenon. Even though ESG bears a fancy acronym, it
is not a new concept to the tax world. This panel will kick-off at the intersection of ESG and
environmental tax policy, explore the governance role that the Federal tax code has played and
could play to advance environmental protection, and then discuss the idea of how ESG factors
may allow fiduciaries to identify companies that promote social responsibility and work to
26WEDNESDAY, FEBRUARY 2
increase diversity on corporate boards. Finally, the panelists will touch on how other countries
are reacting to this global phenomenon including global trends for environmental taxation.
Moderator: Vanessa Fetter, Vermont Law School J.D. Candidate, Class of 2023
Panelists: Professor Susan Gary, University of Oregon Law School; Eric Janowak, KPMG LLP;
Professor Janet Milne, Vermont Law School; Margaret Peloso, Vinson & Elkins
Co-Sponsored by: Young Lawyers Forum and Energy & Environmental Taxes Committee
2:30PM – 4:00PM
Employee Benefits Subcommittee: Welfare Plans
and EEOC, FMLA and Leave Issues Update
This subcommittee meeting will consist of: (i) a review of recent legal developments affecting
employer-sponsored health and welfare plans, including a discussions of ongoing DOL audits
related to MHPAEA and required NQTL analyses; (ii) a discussion of steps employers need to
take in 2022 to comply with the CAA including preparing for the end of the COVID extensions,
and (iii) a discussion of the practical questions and issues faced by employer plan sponsors and
plan participants as they grapple with a panoply of welfare plan developments.
Panelists: Kristen Zarenko, Department of Labor, Washington, DC; Joanne Roskey, Department
of Labor, Washington, DC; David Sydlik, Department of Labor, Washington, DC; Kevin Knopf,
IRS Office of Chief Counsel, Washington, DC; Linda R. Mendel, Department of Treasury,
Washington, DC; Matthew Muma, Department of Treasury, Washington, DC; Will Fischer, IRS
Office of Chief Counsel, Washington, DC; Jacquelyn Meng Abbott, Vorys, Sater, Seymour and
Pease, LLP, Houston, TX; Yelena Fertman Gray, Nixon Peabody LLP, Chicago, IL; Kimberly
Wilcoxon, Thompson Hine LLP, Cincinnati, OH
2:30PM – 4:00PM
Foreign Lawyers Forum
International Tax M&A Planning in an Era of Uncertainty. The rules of the game have been
changing for international M&A tax planning as countries have introduced domestic tax reform
measures to deal with real or perceived abuses of the international tax system, in addition to
BEPS measures preventing profit shifting through deductions, income shifting, and movement
27WEDNESDAY, FEBRUARY 2
of intellectual property etc. International tax rules are becoming increasingly complex, uncertain
and uncoordinated. Panelists will consider, among other things, the impact of these measures
and rules (including the impact of the MLI and the Danish tax cases on holding company
structures, EIBITDA interest expense limitations, and anti-hybrid rules) and tax authorities’
increasing demands for greater tax disclosure (including DAC-6 related requirements).
Moderator: Sam K. Kaywood, Jr., Alston & Bird LLP (United States)
Panelists: Willem Bongaerts, Bird & Bird (Netherlands); Laura Gheorghiu, Gowling WLG
(Canada); Carsten Heinz, Noerr (Germany); Gerardo Nieto, Basham, Ringe y Correa, S.C.
(Mexico); Dominic Robertson, Slaughter and May (United Kingdom)
2:30PM – 4:00PM
Investment Management
Major Developments of 2021 Impacting Investment Management & A Look Ahead to 2022.
A diverse panel of investment management tax practitioners will identify and discuss the 21
(or so) federal, state and international developments of 2021 and issues carrying over to 2022
most relevant to the investment management tax community. The panel will cover specific tax
and non-tax legislative, administrative and case law developments and open issues relevant
to tax practitioners that support the industry, including those relating to partnerships, passive
foreign investment companies (PFICs), special purpose acquisition companies (SPACs), offshore
lending, crypto-currency, state and local tax nexus, and state work-arounds to the federal SALT
deduction limitation.
Moderator: David Richardson, KPMG LLP, New York, NY
Panelists: Sarah-Jane Morin, Morgan Lewis, San Francisco, CA; John Ormonde, UC Davis, San
Francisco, CA; Irina Pisareva, Crowell & Moring LLP, New York, NY; Barbara Rasch, KPMG, Los
Angeles, CA
2:30PM – 3:30PM
Listserve & Hivebrite Information Session (Non-CLE)
Tax Section members who have joined one or more of our 36 substantive committees may
aware that the ABA recently replaced the Tax Connect platform with more traditional email
28WEDNESDAY, FEBRUARY 2
listerves. And that they will roll out a new communication platform called Hivebrite over the
coming months to compliment the listserves. This session will walk participants through a 30
minute demonstration of the basics on these email listserves and Hivebrite - what they are,
how to use them, and what you can expect from each – followed by a Q&A.
4:00PM – 4:30PM
Break (Non-CLE)
4:30PM – 6:00PM
Employee Benefits Subcommittee:
Exempt Organization and Governmental Plans
& Fiduciary Responsibility
4:30PM
Exempt Organization and Governmental Plans Update. The panel will discuss timely topics
impacting plans of tax-exempt and governmental entities, including discussions on the impact
of pending/new legislation to such plans, new EPCRS overpayment correction guidance and
implications for governmental plans, the status of 403(b) fee litigation and the Northwestern
University case, and other recent items of interest.
Panelists: Brian Gallagher, Fraser Trebilcock, Lansing, MI; Jennifer Gardner, Reed Smith,
LLP, Pittsburgh, PA; Bryanne Kelleher, VOYA, Windsor, CT; Jenni Krengel, Buchalter, San
Francisco, CA; William Evans, Attorney-Advisor, Office of Benefits Tax Counsel, Department of
Treasury, Washington, DC (Invited); Amber Salotto, Attorney-Advisor, Department of Treasury,
Washington, DC (Invited); Pamela Kinard, Special Counsel, Employee Benefits, Exempt
Organizations and Employment Taxes, Office of Chief Counsel, IRS, Washington, DC (Invited)
5:15PM
Fiduciary Responsibility: Overview of 2021 DOL Developments. Although there was a lesser
volume of regulatory efforts compared to 2020, the Department of Labor (“DOL”) had an
impactful year in 2021. The DOL issued its long-awaited missing participant guidance, and
also took its first formal foray into cybersecurity by issuing “best practice” guidance. Further,
as the first year under a new Presidential administration, the DOL – as is expected in times
of transition – took steps to pull back or adjust its position on several key areas to reflect the
Biden Administration’s policy views.
29WEDNESDAY, FEBRUARY 2
Panelists: Arsalan Malik, Groom Law Group, Washington, DC; J. Christian Nemeth, McDermott
Will & Emery, Chicago, IL; Anthony Onuoha, Groom Law Group, Washington, DC; Luyao
Zhang, DLA Piper, Washington, DC
4:30PM – 6:00PM
Administrative Practice & Court Procedure
& Practice Networking Event (Non-CLE)
4:30PM – 6:00PM
International Committees Networking Event (Non-CLE)
Interested in getting more involved with FAUST, USAFTT, Foreign Lawyers Forum, and/or
Transfer Pricing? 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.)
30THURSDAY, FEBRUARY 3
10:30AM – 12:00PM
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: Justin Miller, Evercore Wealth Management LLC/Evercore Trust Company NA,
San Francisco, CA
Panelists: Brent Lipschultz, Eisner Advisory Group LLC, New York, NY; Joseph Boddicker,
Tax Counsel, Senate Finance Committee Republican Staff, Washington, DC; Rene Morency,
Sandberg Phoenix & von Gontard PC, St. Louis, MO
11:00AM
Employee Classification for Closely Held Businesses. This panel will discuss the status of
worker classification considering President Biden’s proposals, including placing “Gig” workers
on the same footing as W-2 employees.
Moderator: Adam Abrahams, Meyers Hurvitz Abrahams LLC, Rockville, MD
Panelists: William P. Prescott, Wickens Herzer Panza, Avon, OH; Brianne DeSellier Crowe LLP,
Washington National Tax, Fort Lauderdale, FL; Nina Roca, IRS Office of Chief Counsel (EEE),
Washington, DC; Roger Royse, Haynes and Boone, LLP, Palo Alto, CA
10:30AM – 12:00PM
Employee Benefits Subcommittee:
Executive Compensation & Mergers and Acquisitions
10:30AM
Executive Compensation. This panel will discuss recent SEC guidance related to executive
compensation. Specifically, the SEC warnings regarding its enforcement of “spring-loaded” stock
option grants and its expansive claw-back rule. This session will discuss the new SEC guidance
31THURSDAY, FEBRUARY 3
as well as steps public companies should take to comply with the new SEC directives. This
session will also discuss recent IRS updates and anticipated priorities for the upcoming year.
Panelists: Robert Neis, Deloitte Tax LLP, Washington, DC; Nicole Waterstradt, ONEOK, Inc.,
Tulsa, OK; Nathan Holmes, Thompson Hine LLP, Dayton, OH; Mary Claire Blythe, DLA Piper,
Washington, DC
11:15AM
Mergers and Acquisitions. Ever wonder how and why representations and warranties
insurance (“RWI”) became so prevalent over the last several years? This panel will discuss
recent trends and developments in RWI and how you can best prepare to represent your client
in a transaction covered by RWI, whether you are reviewing and analyzing due diligence,
negotiating representations, or preparing for RWI calls.
Panelists: Ryan Montgomery, Morgan, Lewis & Bockius, Boston, MA; Jason Veit, DLA Piper,
Chicago, IL; Rich Ashley, DLA Piper, Chicago, IL
10:30AM – 12:00PM
Fiduciary Income Tax
10:30AM
Internal Revenue Code Section 678. Mr. Garcia will discuss Internal Revenue Code Section
678 and the creation of BDOTs.
Panelist: Francisco Garcia, Jr., Henderson Caverly & Pum LLP, San Diego, CA
11:15AM
Putting the Toothpaste Back In the Tube: Capital Gains and DNI. Not every taxable item is
distributable net income. But, with strategic planning, capital gains can be included in DNI and
taxed to trust and estate beneficiaries. This presentation will discuss the capital gain rules, how
to plan for or out of allocation of capital gains to DNI, and other trust accounting tricks that can
be useful for both tax and non-tax purposes.
Panelist: Brent Nelson, Rimon PC, Phoenix, AZ
32THURSDAY, FEBRUARY 3
10:30AM – 12:00PM
Pro Bono & Tax Clinics
10:30AM
Low-Income SALT – Advocating for Low-Income Taxpayers in State Tax Matters. Panelists
will discuss systemic advocacy to improve the relationship between low-income taxpayers and
their state taxing authorities. The discussion will include successful projects to expand state
tax credits to undocumented taxpayers as well as systemic advocacy to expand access to tax
justice before state taxing authorities.
Moderator: Shailana Dunn-Wall, Christine Brunswick Fellow, Legal Aid of Nebraska, Lincoln,
NE (Invited)
Panelists: Anna Gooch, Christine Brunswick Fellow, Center for Taxpayer Rights, Washington,
DC (Invited); Dana Hadl, Directing Attorney, Bet Tzedek, Los Angeles, CA (Invited); Nina
Olson, Executive Director, Center for Taxpayer Rights, Washington, DC (Invited); Caleb Smith,
Associate Clinical Professor, University of Minnesota Law School, Minneapolis, MN; Elena
Fowlkes, Taxpayer Advocate, Washington DC Office of Tax and Revenue, Washington, DC
11:30AM
National Taxpayer Advocate Update. National Taxpayer Advocate Erin Collins will provide
updates from her reports to Congress, as well as a preview of the filing season.
Moderator: Omeed Firouzi, Staff Attorney, Philadelphia Legal Assistance
Panelist: Erin Collins, National Taxpayer Advocate, IRS, Washington, DC
12:00PM – 12:30PM
Break (Non-CLE)
12:30PM – 2:00PM
Corporate Transactions Open Discussion (Non-CLE)
Hosted by the Corporate Tax & Affiliated and Related Committees
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