Sharon L. McCarthy Participates In Panel Titled "Ethical Considerations for Corporate Investigations: Views from All Sides"
2023-10-04 14:00 - 17:00 (America/New_York) | NY
Sharon L. McCarthy will participate in a panel titled “Ethical Considerations for Corporate Investigations: Views from All Sides” hosted by the New York City Bar Association at 2:00 – 5:00pm on October 4th, 2023. The panel will be conducted via webinar.
This annual update program will explore current issues and recent developments relating to ethical duties and responsibilities of attorneys in internal investigations involving corporations and other entities. These issues will be discussed from the point of view of company or entity counsel, counsel for current and former employees and counsel for government agencies. This year’s program will devote special attention to issues that arise in connection with joint defense agreements, including ethical obligations and conflicts arising from such agreements; ethics and pitfalls surrounding the use of artificial intelligence; the crime-fraud exception; and obligations to ensure and preserve client confidentiality, including scenarios arising from cyber incidents.
3.0 CLE Credits in Ethics (NY) and Professional Responsibility (NJ) are available for attending this event.
Program Chairs:
Frank Wohl, Lankler Siffert & Wohl, LLP
Jillian B. Berman, Lankler Siffert & Wohl, LLP
Panelists:
Sharon McCarthy, Kostelanetz LLP
Richard F. Albert, Morvillo Abramowitz Grand Iason & Anello PC
Professor Bruce A. Green, Fordham University School of Law
Randall Jackson, Willkie Farr & Gallagher LLP
Karen P. Seymour, Sullivan & Cromwell LLP
Negar Tekeei, Co-Chief, Narcotics Unit, U.S. Department of Justice
Registration begins on August 30th, 2023. Please visit here for registration details. Please visit the program guide for more information.

ABA Tax Section’s Virtual 2023 Fall Tax Meeting
2023-10-16 - 2023-10-20
Kostelanetz attorneys will participate in a variety of panels and presentations at the ABA Tax Section’s Virtual 2023 Fall Tax Meeting on October 16-20, 2023.
Tuesday, October 17, 2023
2:30 pm – 3:00 pm: Michael Sardar presents on International Tax Enforcement during the “Reports of Subcommittees on Important Developments” section of the meeting.
Panelists:

Michael Sardar, Partner, Kostelanetz LLP
Joshua Wu, Counsel, Latham & Watkins LLP
Damon Rowe, Partner, Meadows Collier Reed Cousins Crouch & Ungerman LLP

Thursday, October 19, 2023
3:15 pm – 4:00 pm: Don Fort moderates a panel titled “Big Data & Analytics – The Government’s Perspective.”
Description: The private sector has embraced AI to improve business operations and streamline costs, but the government has taken a different approach dependent on “big data” and sophisticated analytical tools. This panel features several IRS representatives, who will explain the ways data analytics have revolutionized fraud detection, civil and criminal case development, and customer service. CLE credit is offered for this event.
Moderator: Don Fort, Director of Investigations, Kostelanetz LLP
Panelists:

Melanie R. Krause, Chief Data and Analytics Officer, IRS;
Darrell J. Waldon, Executive Director, Advanced Analytics & Innovation, IRS-CI;
Benjamin Swartz, Acting Project Director – Strategic Operating Plan, IRS SB/SE

Learning Objectives: After attending the session, the participant will be able to:

Describe how Big Data and Data Analytics have modernized the IRS.
Describe specific analytical tools and methods used by IRS personnel.
Describe how the government’s use of data analytics is revolutionizing fraud detection, civil and criminal case development, and customer service.

Friday, October 20, 2023
10:30 am – 12:00 pm: Heather Fincher presents on a panel titled “Trick or Treaty: US Treaties and Interaction with Non-Treaty Tax Law.”
Description: The panel will address recent issues relating to US treaties, including (1) new US bilateral treaty developments (e.g., Chile, Croatia, Hungary); (2) the interaction of recent US legislation/regulation with US treaties (e.g., foreign tax credit regs); and (3) the interaction of recent non-US legislation/regulation with US treaties (e.g., extraterritorial taxes, Pillar 2). CLE credit is offered for this event.
Panelists:

Heather Fincher, Associate, Kostelanetz LLP;
Jeff Rubinger, Partner, Winston & Strawn LLP;
Doug Poms, Partner, KPMG
Elena S. Virgadamo, Deputy International Tax Counsel for Treaty Affairs, Office of Tax Policy, U.S. Department of the Treasury

12:30 pm – 2:00 pm: Megan L. Brackney presents on a panel titled “Accuracy-Related Penalties: Establishing Reasonable Cause in the Age of Social Media.”
Description: The growth of social media platforms like Tik Tok and Twitter have led taxpayers to increasingly turn to nontraditional sources of information to learn about tax laws. In this panel, we will explore that development in the context of civil penalties. To what extent can taxpayers who rely on social media to their detriment establish a valid reasonable cause defense to accuracy-related penalties? The initial reaction among tax professionals is that taxpayers rely on social media for tax advice at their own peril. But dig deeper, as this panel will, and the issue is a bit more nuanced. CLE credit is offered for this event.
Moderator: Jessica L. Jeane, VP of Tax Policy and Strategic Partnerships, Western CPE
Panelists:

Megan L. Brackney, Partner, Kostelanetz LLP
Jonathan T. Amitrano, Partner, Taylor, Nelson, Amitrano LLP
Professor Kathleen DeLaney Thomas, UNC School of Law

Learning Objectives: After attending the session, the participant will be able to:

Analyze the manner in which taxpayers obtain substantive tax advice via social media.
Review IRC § 6662 and 6663, and Treasury Regulation 1.6664-4(b)(1) as the current foundation for reasonable cause as a defense to accuracy-related penalties.
Review relevant case law that explores how taxpayers can establish reasonable cause as a defense to the imposition of accuracy-related penalties.
Understand how standards and principles set forth in regulations and case law may assist taxpayers in establishing reasonable cause in situations where taxpayers are acquiring substantive tax information via nontraditional ways, including social media.

4:30PM – 6:00PM: Abigail Burke moderates the “Women in Tax Forum (Non-CLE)”
Description: The Women in Tax Forum seeks to provide a community to empower, support, and celebrate women as they
build careers and lives that they love. The leaders of the Women in Tax Forum welcome members of the Tax Section to join them for an introductory session and virtual networking event. Following the introductory session, we will break into small groups to get to know the members of the community, discuss barriers we have observed for women in tax law, and explore ways to overcome those barriers. Attendees are asked to complete this survey to aid break-out group discussions.
Moderators:

Abigail Burke, Kostelanetz LLP
Darianne De Leon, Jones Day
Blair Hlinka, Trial Attorney, Department of Justice, Tax Division
Candice C. James, Ernst & Young
Sonia Shaikh, Miles & Stockbridge

Please visit here to register for this event. Please visit the ABA’s program guide for more information.

Michael Sardar Presents on International Tax Enforcement At The American Bar Association's Virtual 2023 Fall Tax Meeting
2023-10-17 14:30 - 15:00 (America/New_York)
Michael Sardar will give a presentation on International Tax Enforcement during the “Reports of Subcommittees on Important Developments” section of the American bar Association’s Virtual 2023 Fall Tax Meeting on October 17th, 2023.
Please visit here to register for this event. Please visit the ABA’s program guide for more information.

Ethical Considerations in Jury Trials
2023-10-18 13:45 - 14:45 (America/New_York)
Sharon L. McCarthy participates in a panel titled “Ethical Considerations in Jury Trials” hosted by the Practicing Law Institute at 1:45 pm on October 18th, 2023. The panel will be conducted online and in person. CLE credit is offered for this event.
Event Description:
The 1-day program titled “Trial by Jury 2023” will explore explore ethical consideration in jury trials. After completing this session participants will be able to avoid ethical pitfalls in the voir dire, ethically investigate jurors using social media, and understand ethical issues involved with using jury consultants and investigating jurors. The program features masters of the bar and the bench presenting valuable and useful insights on jury trials. The Practicing Law Institute has assembled the most experienced and respected state and federal judges, as well as many distinguished litigators, to give a unique view into jury trials and the best way to handle them, from opening statements through closing arguments. The panelists will also dissect the ethical issues that often arise and the best ways to handle these situations. Join to gain proven strategies and practical tools to successfully manage every phase of a jury case.
Panel Leader:
Antonina M. Apps, Regional Director of the New York Office of the United States Securities and Exchange Commission
Speakers:
Sharon L. McCarthy, Kostelanetz LLP
Hon. Eric R. Komitee, United States District Court Judge for the Eastern District of New York
Hon. Loretta A. Preska, United States District Court Judge for the Southern District of New York
Please visit here for registration details and the program guide.

From The Experts: Tax Controversy And Tax Litigation - Civil & Criminal Tax Update
2023-10-22 13:15 - 15:45 (America/New_York)
Megan L. Brackney will speak on a panel titled “From The Experts: Tax Controversy And Tax Litigation – Civil & Criminal Tax Update” at the 82nd Institute on Federal Taxation hosted by the New York University School of Professional Studies. The conference will take place at The Westin New York at Times Square, New York, NY on October 22-27, 2023.
Event Description:
Join a leading group of tax controversy practitioners from both the private sector and the government in an open discussion regarding current IRS enforcement priorities, initiatives, and campaigns. The panel covers a broad range of topics that impact tax compliance and tax litigation, including an examination of recent cases, investigations, and programs – including familiar areas such as Microcaptive Insurance Arrangements, Digital Assets, and Offshore Accounts and Foreign Information Reporting Penalties. The panel will also delve into hot new topics such as Monetized Installment Sales, Employee Retention Credits and Treaty Pension Benefits, many of which have come to the forefront of the attention of taxpayers and professionals alike from the flurry of IRS notices and explosion of taxpayer challenges to IRS guidance and regulations.
Chairs:
Sandra R. Brown, Esq., Principal, Hochman, Salkin, Toscher, Perez, PC, Beverly Hills, CA
Melissa L. Wiley, Esq., Partner, Lowenstein Sandler, Washington, D.C.
Panelists:
Megan L. Brackney, Esq., Partner, Kostelanetz LLP, New York, NY
Niles A. Elber, Esq., Member, caplin & Drysdale, Chartered, Washington, D.C.

Please visit here for program details.

The Corporate Transparency Act and Treasury's Beneficial Ownership Disclosure Rules
2023-10-24
On October 24, 2023, Jay R. Nanavati delivered a lecture on “The Corporate Transparency Act and Treasury’s Beneficial Ownership Disclosure Rules” to the Wilmington Tax Group at the University and Whist Club in Wilmington, Delaware.
Click here to learn more about the Wilmington Tax Group and click here to view the presentation slides.

Tax Court Updates
2023-10-26 11:10 - 11:50 (America/Los_Angeles)
Caroline D. Ciraolo participates in a panel titled “Tax Court Updates” at the UCLA Extension Tax Controversy Institute in Beverly Hills, CA.
Panelists:

Caroline D. Ciraolo, Partner, Kostelanetz LLP
Frank Agostino, Agostino & Agostino Associates, P.C., Hackensack, NJ
Chief Judge Kathleen Kerrigan, U.S. Tax Court
Drita Tonuzi, Deputy Chief Counsel (Operations), Office of Chief Counsel, IRS

Click here for more information and to register.

Criminal Tax, Parallel Investigations and Joint Investigations – When Two Worlds Collide
2023-10-26 16:40 - 17:30 (America/Los_Angeles)
Bryan C. Skarlatos will present on panel titled “Criminal Tax, Parallel Investigations and Joint Investigations – When Two Worlds Collide” at the 39th Annual Tax Controversy Conference at UCLA Extension on October 26th, 2023. The conference will be held in-person. The events are hosted at the Beverly Hills Hotel in Beverly Hills, CA.
Event Description:
UCLA Extension’s Annual Tax Controversy Conference is the preeminent conference exclusively dedicated to tax controversy and tax litigation. The conference provides an open forum for distinguished presenters and panelists to discuss, and often debate, sensitive tax practice issues with an engaged audience.
Moderator:
Evan J. Davis, Principal, Hochman Salkin Toscher Perez P.C.
Panelists:
Bryan C. Skarlatos, Partner, Kostelanetz LLP
Tyler R. Hatcher, Special Agent In Charge (CI), IRS
Lorraine Y. Yu, Deputy Area Counsel (CI), IRS

Click here for more information.

How Far Can You Go? Ethical And Penalty Issues In Everyday Tax Practice
2023-10-26 17:15 - 18:55 (America/New_York)
Bryan C. Skarlatos will chair and Michael Sardar will moderate a panel titled “How Far Can You Go? Ethical And Penalty Issues In Everyday Tax Practice” at the 82nd Institute on Federal Taxation hosted by the New York University School of Professional Studies. The conference will take place at the Westin New York at Times Square, New York, NY on October 22-27, 2023 and the Claremont Club & Spa in Berkeley, CA on November 12-17, 2023.
Event Description:
As a responsible tax practitioner, you must understand the ethical standards that apply to your conduct and what can trigger a penalty assessment against you or your clients. How sure do you have to be before you can tell a client it is okay to take a deduction or exclude income? Can you accept what a client tells you, or do you have to audit your client’s records? When can your clients be subject to penalties? How can you protect your clients and yourself? This panel of expert practitioners addresses these and other thorny ethical and penalty issues that arise in everyday tax practice through the use of hypothetical examples.
Chair:
Bryan C. Skarlatos, Esq., Partner, Kostelanetz LLP, New York, NY
Moderator:
Michael Sardar, Esq., Partner, Kostelanetz LLP, New York, NY
Panelist:
NY: S. Starling Marshall, Esq., Partner, Crowell and Moring, New York, NY
CA: Michel R. Stein, Esq., Principal, Hochman Salkin Toscher Perez PC, Beverly Hills, CA

Click here for more information and program details.

Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know
2023-10-27 13:15 - 14:15 (America/New_York)
Megan L. Brackney will participate in a panel titled “Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know” at the Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2023 New York Conference hosted by the Practising Law Institute on Oct. 25-27, 2023. The conference will be held both in-person and virtually.
Event Description:
This panel will focus on the various judicial doctrines and ethical issues that arise in the corporate tax planning process. After completing this session, participants will be able to:

Identify the ethical rules related to advising clients on corporate transactions, including standards derived from the Internal Revenue Code, Circular 230, the AICPA Statements on Standards for Tax Services, and the ABA Model Rules of Professional Conduct
Avoid the ethical pitfalls that arise when providing tax opinions and recommending return positions
Respond to the IRS in an audit

Panelists:
Megan Brackney, Partner, Kostelanetz & Fink, LLP, New York, NY
S. Starling Marshall, Partner, Crowell & Moring LLP, New York, NY
CLE Credit is available for this event.
Visit here for registration and event details.

Please Sir, Can I Have Some Moore
2023-10-27 13:15 - 14:15 (America/Chicago)
Caroline D. Ciraolo will participate in a webinar titled “Please Sir, Can I Have Some Moore” hosted by the Federal Bar Association Section on Taxation. This webinar will address the case of Moore v United States, pending in the U.S. Supreme Court, involving a constitutional challenge to the one-time Section 965 transition tax. The panelists will discuss the background and procedural history of the case, the arguments being raised by the parties and in numerous amicus briefs, and some of the consequences that will flow from the Court’s decision. The event takes place virtually on October 27, 2023 from 12pm-1pm EDT.
Panelists:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Alfred Battista, Georgetown Law Tax L.L.M.
Chris Whitcomb, KPMG, Managing Director – Tax Controversy and Dispute Resolution
Laura Williams, PWC, International Tax Principal
Visit here for event details.

Ethical and Penalty Standards in Tax Practice
2023-10-30
Bryan C. Skarlatos will guest lecture on “Ethical and Penalty Standards in Tax Practice” for a class on Taxes and Business Strategy at the Tuck School of Business of Dartmouth University on October 30th, 2023. The course objective is to develop a framework for understanding how taxes affect business decisions. The Tuck School of Business, one of three professional schools of Dartmouth College, was founded in 1900 as the world’s first graduate school of management.

Criminalisation Of Tax Litigation And Development Of Negotiated Justice
2023-11-01 14:30 - 15:45 (Europe/Paris)
Caroline D. Ciraolo will participate in a panel titled “Criminalisation of tax litigation and development of negotiated justice” at the International Bar Association Annual Conference in Paris, France. The event takes place at the Amphitheatre Bordeaux on Wednesday November 1, 2023 from 8:30am – 9:45 am (ET) / 2:30pm – 3:45pm (CEST).
Event Description:
Tax violations assessed by the tax authorities may, in many cases, lead to criminal tax investigations. This growing trend in several European countries is the result of new measures aimed at criminalizing certain tax violations as well as of the action of the tax authorities to contrast tax evasion. The risk is not limited to manifest fraudulent cases (such as the issue of false invoices), but it may as well include less obvious cases such as the case of hidden permanent establishment or tax claims based on a certain interpretation of the law as the experience in several European countries has shown. In such cases, the managers of the involved companies may find themselves implied in criminal tax investigations or, in the worst case, charged with tax criminal convictions. With a practical approach focused on real cases, this panel will address the impact of criminal aspects from a tax perspective and discuss the available alternatives that can avoid criminal tax conviction or minimize the charges.
Session Chairs:
Francesco Capitta, Facchini Rossi Michelutti, Milan, Italy
Oliver Dauchez, Gide Loyrette Nouel A.A.R.P.I., Paris, France
Panelists:
Caroline D. Ciraolo, Kostelanetz LLP
Saravana Kumar, Rosli Dahlan Saravana Partnership, Kuala Lumpur, Malaysia
Prof. Dr. Wilhelm Haarmann, Frankfurt, Germany
Silvia Martina, Cagnola & Associati Studio Legale, Milan, Italy
Visit here for event details and here to register.

Criminal Tax Investigations and Procedures: What Practitioners Need to Know
2023-11-01 18:00 - 19:30 (America/New_York)
Megan L. Brackney and Stephen A. Josey will present on a webinar titled “Criminal Tax Investigations and Procedures: What Practitioners Need to Know” for the New York County Lawyers Association on November 1, 2023. CLE and CPE credit are offered for this event.
Event Description:
This course will provide foundational information about how federal criminal tax matters arise, how criminal tax matters are investigated, and other tips and best practices for dealing with clients who are (or may become) the subject of a criminal tax investigation.
Topics that will be covered include:

How federal criminal tax investigations originate, and the key government personnel involved in tax investigations and prosecutions;
Commonly investigated and prosecuted federal tax crimes, including statistics and elements of these crimes;
Investigatory techniques and tools used by the government in criminal tax matters;
Privileges that may apply between tax practitioners and their clients;
Situations where the tax practitioners, themselves, have criminal prosecution exposure;
Sentencing and post-trial proceedings.

Panelists:
Megan L. Brackney, Partner, Kostelanetz LLP
Stephen A. Josey, Counsel, Kostelanetz LLP
Click here to register and for more information

60th Annual Hawaii Tax Institute Conference
2023-11-05 - 2023-11-09
Caroline D. Ciraolo and Don Fort present on several panels at the 60th Annual Hawaii Tax Institute Conference in Honolulu, Hawaii on November 5-9. CLE credit is offered for this event.
Monday, November 6
4:00 pm – 4:45 pm (HST): Don Fort participates in a panel titled “Understanding the Sandbox that All Wealth Transfer Advisors Play In” on Monday, November 6 from 4:00 pm – 4:45 pm (HST) / 10:00 pm – 10:45 pm (EST).
Event Description:
The lines are drawn and all Wealth Transfer Advisors need to understand when “planning”
becomes a conspiracy or a crime. This session discusses the latest trends and updates on
Criminal Tax and the IRS’s Priorities, Cryptocurrency Updates and Developments, IRA 2023
Dirty Dozen, Impacts of the Inflation Reduction Act (IRA) on IRS operations and much more.
Panelists:
Don Fort, Director of Investigations, Kostelanetz LLP
Sandra R. Brown, Principal, Hochman Salkin Toscher Perez PC
Guy Ficco, Deputy Chief, IRS Criminal Investigation
Rebecca Perlmutter, Assistant U.S. Attorney
Tuesday, November 7
8:00 am – 9:00 am (HST): Caroline D. Ciraolo participates in a panel titled “Planning, Audit, and Litigation: Using Valuation Discounts to Transfer Wealth” on Tuesday, November 7 from 8:00 am – 9:00 am (HST) / 2:00 pm – 3:00 pm (EST).
Event Description:
Valuation Discounts are the essence of many wealth transfer strategies. This session discusses how valuation discounts are used in planning, what happens if challenged, and how courts evaluate the use of valuation discounts.
Panelists:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Carsten Hoffman, Managing Director, Stout
Andrew M. Katzenstein, Partner, Proskauer Rose
Patrick J. Urda, Judge, United States Tax Court
Wednesday, November 8:
1:30 pm – 2:20 pm (HST): Caroline D. Ciraolo participates in a panel titled “Left Holding the Bag: Withholding Agent Current Issues and Traps for the Unwary” on Wednesday, November 8 from 1:30 pm – 2:20 pm (HST) / 7:30 pm – 8:20 pm (ET).
Event Description:
The global marketplace and increased individual mobility has created additional scenarios where U.S. taxpayers are sending payments outside the United States, thereby making them subject to U.S. withholding and reporting requirements. IRS LB&I has a compliance campaign to examine taxpayers who make such payments but fail to meet their compliance obligations. This session will identify the subset of taxpayers (withholding agents) who are responsible for withholding U.S. tax on payments to foreign payees, explain the surprising way withholding agents can become liable for tax due on money paid to others, and describe how the IRS is holding U.S. withholding agents accountable for the tax liabilities of foreign payees.
Panelists:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Kurt K. Kawafuchi, Managing Member, Law Offices of Kurt Kawafuchi, LLC
Michael Quigley, Partner, Kim & Chang
Thursday, November 9
11:30 am – 12:15 pm (HST): Don Fort participates in a panel titled “Employee Retention Credit Audits and Investigations – The Tsunami is Coming” on Thursday, November 9 from 11:30 am – 12:15 pm (HST) / 5:30 pm – 6:15 pm (EST).
Event Description:
Claims for Employee Retention Credits (“ERCs”) have proliferated exponentially. Almost
everyone has seen a commercial or received a text or email offering easy money through
ERC claims. With its inclusion of erroneous and fraudulent ERCs in the IRS’s 2023 list of
“Dirty Dozen” schemes, the IRS has made no secret of its plans to aggressively audit ERC
claims and punish abuse and fraud. This session will discuss the IRS’ targeted enforcement
efforts, explains how to spot red flags indicating abuse of the ERC, and describe the civil
and criminal penalties that can apply to taxpayers, promoters and practitioners for erroneously
claiming ERC credits.
Panelists:
Don Fort, Director of Investigations, Kostelanetz LLP
Sandra R. Brown, Principal, Hochman Salkin Toscher Perez PC
Kathy Enstrom, Director of Investigations, Moore Tax Law Group LLC
Victor S.O. Song, Former Chief, IRS Criminal Tax Division

Visit here for event details and here to register.

Forms 5471 and 5472: Meeting the Substantially Complete Standards
2023-11-06 13:00 - 15:00 (America/New_York)
Michael Sardar presents on a webinar titled “Forms 5471 and 5472: Meeting the Substantially Complete Standards” for Strafford on November 6, 2023. CPE credit is offered for this event.
Event Description:
This course will discuss best practices for meeting the substantially complete standard for international reporting required for Forms 5471 and 5472 and as applied to other required foreign information returns.
Forms 5471 and 5472 are two of the most complex foreign information reporting forms completed by tax practitioners. Whether by oversight or newly acquired information, these forms are often incomplete or incorrect when submitted. Errors may include the omission of a country or transaction on Form 5472, the category may be omitted on page one, or a taxpayer may use an accounting method other than GAAP used on Form 5471.
Since the criteria for substantial compliance is a facts and circumstances determination, any number of problems could deem a foreign information return not substantially complete and not meeting the information reporting requirements of Sections 6038 or 6038A. The penalties for not meeting these reporting requirements are steep–$10,000 per month to a maximum of $50,000 if not timely resolved.
The penalty abatement process for these filings is challenging. Tax practitioners working with international clients need to understand the threshold for substantial compliance for these cumbersome international reporting forms.
Panelists:
Michael Sardar, Partner, Kostelanetz LLP
John Samtoy, Tax Partner, Holthouse Carlin & Van Trigt LLP
Click here to register and for more information

Planning, Audit, And Litigation: Using Valuation Discounts To Transfer Wealth
2023-11-07 08:00 - 09:00 (Pacific/Honolulu)
Caroline D. Ciraolo will participate in a panel titled “Planning, Audit, and Litigation: Using Valuation Discounts to Transfer Wealth” at the 60th Annual Hawaii Tax Institute in Honolulu, Hawaii. The panel takes place at the Sheraton Waikiki Resort on Tuesday, November 7 from 8:00am – 9:00 am (HST) / 2:00pm – 3:00pm (ET).
Event Description:
Valuation Discounts are the essence of many wealth transfer strategies. This session will discuss how valuation discounts are used in planning, what happens if challenged, and how courts evaluate the use of valuation discounts.
Panelists:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Carsten Hoffman, Managing Director, Stout
Andrew M. Katzenstein, Partner, Proskauer Rose
Patrick J. Urda, Judge, United States Tax Court
Visit here for event details and here to register.

Not Just Asking: IRS Audits in Theory and Practice
2023-11-07 12:45 - 14:25 (America/New_York)
Jay R. Nanavati and Andrew Weiner present on a panel at the Maryland Association of CPAs 2023 Advanced Tax Institute on November 7, 2023.
Event Description:
This panel demystifies the audit process and prepares you for the next time your client receives a dreaded IRS audit letter. You will learn how the IRS selects returns for audit, what to expect and how to advise clients. You will also learn the warning signs that a civil audit may be headed in the direction of a criminal investigation and how to guard against the possibility. Finally, you will see how the process works in practice by focusing on IRS examinations of Malta pension plans, one of the current “Dirty Dozen” tax scams that are enforcement priorities.
Featured Speakers:
Jay R. Nanavati, Kostelanetz LLP
Andrew Weiner, Kostelanetz LLP
Please visit here to register and for more information.

Left Holding the Bag: Withholding Agent Current Issues And Traps For The Unwary
2023-11-08 14:30 - 15:30 (Pacific/Honolulu)
Caroline D. Ciraolo will participate in a panel titled “Left Holding the Bag: Withholding Agent Current Issues and Traps for the Unwary” at the 60th Annual Hawaii Tax Institute in Honolulu, Hawaii. The panel takes place at the Sheraton Waikiki Resort on Wednesday, November 8 from 1:30pm – 2:20pm (HST) / 7:30pm – 8:20pm (ET).
Event Description:
The global marketplace and increased individual mobility has created additional scenarios where U.S. taxpayers are sending payments outside the United States, thereby making them subject to U.S. withholding and reporting requirements. IRS LB&I has a compliance campaign to examine taxpayers who make such payments but fail to meet their compliance obligations. This session will identify the subset of taxpayers (withholding agents) who are responsible for withholding U.S. tax on payments to foreign payees, explain the surprising way withholding agents can become liable for tax due on money paid to others, and describe how the IRS is holding U.S. withholding agents accountable for the tax liabilities of foreign payees.
Panelists:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Kurt K. Kawafuchi, Managing Member, Law Offices of Kurt Kawafuchi, LLC
Michael Quigley, Partner, Kim & Chang
Visit here for event details and here to register.

Confessions Of A Tax Cheat: Using The Voluntary Disclosure Practice To Bring Taxpayers Back Into Compliance
2023-11-08 15:20 - 17:00 (America/Chicago)
Michael Sardar will present “Confessions of a Tax Cheat: Using the Voluntary Disclosure Practice to Bring Taxpayers Back into Compliance” at the American Society of Tax Problem Solvers Super Conference 2023 on November 8th, 2023. The conference will be held both in-person and virtually. The events are hosted at the Hilton Dallas/Southlake in Dallas, TX.
Event Description:
Navigating the complexities of tax compliance can be challenging, especially for those who have previously deviated from their obligations. The IRS’s voluntary disclosure practice serves as a beacon of hope, offering a structured route for such taxpayers to rectify their past noncompliance and return to full compliance.
This course delves deep into the IRS’s voluntary disclosure practice, which is designed for individuals whose actions were willful, fraudulent, or even criminal. By leveraging the IRS’s voluntary disclosure practice, taxpayers can shield themselves from potential criminal prosecution and significantly reduce the civil penalties that might otherwise be levied against them.

Click here for more information.

What Would OPR Do? – Ethically Advising a Tax Non-Compliant Client (CLE)
2023-11-08 15:30 - 17:00 (America/New_York)
Megan L. Brackney will be a featured speaker in a program titled “What Would OPR Do? – Ethically Advising a Tax Non-Compliant Client” at the 2023 Tax Section Annual Meeting and CLE on November 8th, 2023. The conference will be held both in-person and virtually. The events are hosted at the Philadelphia Marriott Downtown in Philadelphia, PA.
Featured Speakers:
Megan L. Brackney, Partner, Kostelanetz LLP
Melissa L. Wiley, Partner, Lowenstein Sandler LLP

CLE Credit is available for attendance.
Please visit here for registration details and the program overview.

When Ethics And The Art Lawyer Meet (CLE)
2023-11-10 11:00 - 12:15 (America/New_York)
Megan L. Brackney will participate in a panel titled “When Ethics And The Art Lawyer Meet” at the Appraisers Association of America’s 2023 Art Law Day Program on November 10th, 2023. The conference will be held both in-person and virtually. The events are hosted at the Benjamin Cardozo School of Law in New York, NY.
Panel Moderator:
Steve Schindler, Partner, Schindler Cohen & Hochman LLP
Panelists:
Megan L. Brackney, Partner, Kostelanetz LLP
Michael S. Ross, Principal, Law Office of Michael S. Ross

CLE Credit is available for in-person attendance.
Registration begins on August 30th, 2023. Please visit here for registration details. Please visit the program guide for more information.

When To Call A Lawyer Before You Need A Lawyer: Privilege, Practice And Procedure (CPE)
2023-11-13 16:20 - 17:35 (America/New_York)
Caroline D. Ciraolo will present “When to Call a Lawyer Before you Need a Lawyer: Privilege, Practice and Procedure” at the 2023 AICPA & CIMA National Tax & Sophisticated Tax Conference on November 13th, 2023. The conference will be held both in-person and virtually. The events are hosted at the Omni Shoreham Hotel in Washington, DC.
Event Description:
In representing clients in tax matters, it is critical that accountants and other tax professionals know what privileges may apply, when those privileges apply, who holds the privilege, how and when a privilege is invoked, the ramifications of invoking privilege, exceptions to a privilege, and the facts and circumstances that may waive a privilege. Because certain privileges are reserved to communications with or services rendered by lawyers, other tax professionals need to know when a client should be referred to counsel. This presentation will address these issues and provide practical, real-world examples and best practices.
CPE Credits are available for this event.
Registration for onsite and online attendance remains open. Please visit here for registration details. Please visit the program guide for more information.

Puerto Rico Tax Strategies: Acts 20/22/60 (CPE)
2023-11-14 15:15 - 16:00 (America/New_York)
Jay Nanavati presented “Puerto Rico Tax Strategies: Acts 20/22/60” at the 2023 AICPA & CIMA National Tax & Sophisticated Tax Conference on November 14th, 2023. The conference was held both in-person and virtually. The events were hosted at the Omni Shoreham Hotel in Washington, DC.
Event Description:
This session will dive into the top 10 things to know if your U.S. client moves, or is contemplating a move, to Puerto Rico.
Learning Objectives:

Identify and be able to apply the test for qualifying as a bona fide resident of Puerto Rico and the relevant income source rules.
Recall the context and current status of the IRS’ ongoing Puerto Rico-focused compliance campaign.

CPE Credits were available for this event.
Please visit here for program details. Please visit the program guide for more information.

2023 PACDL White Collar Practice Seminar (CLE)
2023-11-16 13:45 - 14:45 (America/New_York)
Sharon L. McCarthy participates in a panel titled “Old Rule? No Problem. Rule 16 is Officially Revamped for Expert Witnesses” hosted by the Pennsylvania Association of Criminal Defense Lawyers at 1:45 pm EST on November 16, 2023. CLE credit is offered for this event.
Event Description:
In this session, the panelists discuss former Rule 16(a)(1)(G) and the problems prompting change. Before now, the government only needed to provide a summary to the defense. Under the new rule, the government must disclose more and the defense now has plenty to work with. The catch? Both sides must disclose and both sides have more to work with. Panelists discuss the benefits of the changes and nuances to be aware of moving forward.
Moderator:
Caroline G. Donato, Partner, MacElree Harvey, Ltd.
Speakers:
Sharon L. McCarthy, Partner, Kostelanetz LLP
Michael Comber, Partner, Comber Miller LLC
Click here to register and click here for the program guide.

Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know
2023-11-17 13:15 - 14:15 (America/Chicago)
Andrew M. Weiner will participate in a panel titled “Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know” at the Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2023 Chicago Conference hosted by the Practising Law Institute on Nov. 15-17, 2023. The conference will be held both in-person and virtually.
Event Description:
This panel will focus on the various judicial doctrines and ethical issues that arise in the corporate tax planning process. After completing this session, participants will be able to:

Identify the ethical rules related to advising clients on corporate transactions, including standards derived from the Internal Revenue Code, Circular 230, the AICPA Statements on Standards for Tax Services, and the ABA Model Rules of Professional Conduct
Avoid the ethical pitfalls that arise when providing tax opinions and recommending return positions
Respond to the IRS in an audit

Panelists:
Andrew M. Weiner, Counsel, Kostelanetz LLP, New York, NY
Bradley M. Seltzer, Partner, Holland & Knight, Santa Ana, CA
CLE Credit is available for this event.
Visit here for registration and event details.

Convergence of AML And Fraud Controls: Thinking Through Opportunities And Obstacles In A FRAML Approach
2023-11-30 08:30 - 10:00 (America/New_York)
John D. Fort will present “Convergence of AML and Fraud Controls. Thinking through opportunities and obstacles in a FRAML approach” at the American Bankers Association / American Bar Association Financial Crimes Enforcement Conference on November 30th, 2023. The conference will be held both in-person and virtually. The events are hosted at the Gaylord National Resort and Convention Center in National Harbor, MD.
Event Description:
Managing a fraud program in the current environment can be challenging. Many banks have separate fraud and AML teams and even separate databases and alert cycles – but is this the most efficient and effective way to protect the bank and customers? Join us as we explore opportunities, identify synergies and efficiencies that come from a holistic strategy that combines both fraud and AML prevention, controls, and compliance. FRAML and being open to transformation may be how you can better position your institution to counter escalating risks.
Moderator:
Marilu Jimenez, Chief Compliance Officer, Nave Bank
Speakers:
Don Fort, Director of Investigations, Kostelanetz & Fink, LLP
Michael J. Leotta, Partner, WilmerHale
Tyler E. Reynolds, Enterprise Financial Crimes Executive, AML/BSA Officer, U. S. Bank
William J. Voorhees, Senior Vice President, Head of Enterprise Fraud Management, Truist
Click here for more information.

Kostelanetz Hosts Watch Party For Alum's Oral Argument At Harvard Ames Moot Court Final Round
2023-11-30 12:00 - 13:00 (America/New_York)
On November 30, 2023, over 25 Kostelanetz employees gathered to watch Daniel Flesch (Kostelanetz Pre-Law Paralegal Class of 2021) present oral argument to Honorable Sonia Sotomayor (United States Supreme Court), Goodwin Liu (Supreme Court of California), and Rachel Kovner (United States District Court for the Eastern District of New York) at the Harvard Ames Moot Court Final Competition. Daniel and his Ames teammate, Phoebe Kotlikoff, joined the watch party to talk about their Ames Moot Court experiences.
The Harvard Ames Moot Court Competition, first established in 1911, is one of the most distinguished and intense competitions for appellate brief writing and advocacy. After multiple rounds of competitions in the 2022-2023 academic year, Daniel and his team advanced to the final round. Daniel’s team, called the Patsy Takemoto Mink Memorial Team (Petitioner), consisted of Derek Choi, Kunal Dixit, Phoebe Kotlikoff, Yusuke Tsuzuki, and Monica Wang.
During the Q&A, we asked Daniel and Phoebe to tell us more about the Ames experience:
Jackie Sideris, a senior paralegal at the firm, asked Daniel and Phoebe how Ames Moot Court is similar to and different from other oral advocacy competitions, like mock trial and debate.
Sharon L. McCarthy, a partner at Kostelanetz, reflected on how impressive it was that Daniel had chosen to argue without looking at prepared notes. Daniel explained that he intentionally responded to the judges’ questions without relying on his notes in order to maintain eye contact with the judges.
Jay R. Nanavati, another partner at Kostelanetz, likewise applauded Daniel and his teammates for their hard work and noted that the oral advocacy skills they demonstrated are precisely those needed to succeed in the legal profession.
Event moderator and paralegal Tiffany Jing remarked that the watch party was a great learning experience for the Pre-Law Paralegals, as they prepare for their futures in law school.
In her feedback to the competitors, Honorable Justice Sotomayor commended, “watching the skill of all of you, for me, is inspiring.” We, at Kostelanetz, were likewise inspired by the work and performance of Daniel and his teammates in the Ames final round.
Click here for more information. Click here to watch the full competition recording.

Enforcement Trends: What’s Hot and What’s Not
2023-12-01 10:15 - 11:05 (America/New_York)
Megan L. Brackney will moderate a panel titled “Enforcement Trends: What’s Hot and What’s Not” at the 2023 IRS Representation Conference on December 1st, 2023. The conference will be held both in-person and virtually. The events are hosted at the Mohegan Sun Hotel & Casino, CT and by the Quinnipiac University School of Law in North Haven, CT.
Event Description:
Following the Covid pandemic and the programs instituted by Congress we are about to enter a new era of tax enforcement, including Employee Retention Credits, Payroll Tax Debts, and much more. Join our panelists for a discussion of the changing tax enforcement landscape as it relates to examinations, collection and criminal investigations.
Panel Moderator:
Megan Brackney, Esq., Kostelanetz LLP, New York, NY
Panelists:
Daniel Mayo, Esq., Withum, Smith & Brown, PC, Red Bank, NJ
Michelle F. Schwerin, CPA, JD, Capes, Sokol, Goodman & Sarachan, PC, St. Louis, MO
Barbara T. Kaplan, Esq., Greenberg Traurig LLP, New York, NY
Registration for in-person attendance has closed. Registration for webcast attendance remains open. Please visit here for registration details. Please visit the program guide for more information.

Form 5471 Substantial Compliance Rules: IRS International Practice Unit Guidance, Pitfalls To Avoid (CLE / CPE)
2023-12-05 13:00 - 14:30 (America/New_York)
Michael Sardar will present “Form 5471 Substantial Compliance Rules: IRS International Practice Unit Guidance, Pitfalls To Avoid” at Strafford on December 5, 2023. The webinar will be held virtually.
CLE / CPE credit is offered for this event.
Event Description:
This CLE/CPE course will provide tax counsel and advisers with a practical discussion of IRS International Practice Unit (IPU) guidance on what constitutes “substantial compliance” in filing Form 5471, Information Return of U.S. Persons With Respect To Certain Foreign Corporations. The panel will detail the IRS guidance on applying the substantial compliance doctrine and the meaning of “substantially complete” for purposes of the Service’s imposition of penalties related to international information return requirements.
Benefits:
The panel will review these and other highly relevant concepts:

IRC 6038 information reporting requirements and penalties
Guidance on Category 4 vs. Category 5 filers
How the IPU advises examiners to view substantial compliance in light of tax court holdings and prior IRS advice
Errors “beyond the face” of Form 5471 that will cause an examiner to treat the filing as not substantially complete
Common errors on Form 5471 that render the filing to be not substantially complete

Speakers:
Michael Sardar, Partner, Kostelanetz LLP
John Samtoy, Tax Partner, Holthouse Carlin & Van Trigt
Click here for more information.
