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.

40th Annual National Institute on Criminal Tax Fraud and the 13th Annual National Institute on Tax Controversy
2023-12-07 - 2023-12-09
Kostelanetz attorneys will participate in a variety of panels and presentations at the 40th Annual National Institute on Criminal Tax Fraud and the 13th Annual National Institute on Tax Controversy in Las Vegas, NV on December 7-9, 2023.
Thursday, December 7, 2023
2:30 pm – 5:00 pm (PST): Michael Sardar presents on a panel titled “Criminal Tax Workshop.”
Description: The Criminal Tax Workshop will cover the “nuts and bolts” of a criminal tax investigation
through resolution. We will address strategies and techniques for handling sensitive civil
examinations and criminal investigations, and defending a criminal prosecution, including
relevant evidence, IRS Special Agent interviews of the taxpayer or preparer, representation of a
target, subject or witness in a criminal investigation, how to approach a Department of Justice
conference, procedural and trial issues that every criminal tax defense attorney should know,
when and how to argue tax loss issues, effective plea negotiations, and sentencing strategies.
Learning Objectives:
• When to anticipate a criminal referral
• Representing a client through the process and procedures of a criminal investigation
• Considering opportunities for advocacy at each stage of the investigation and preprosecution
• Understanding pre-trial and trial issues
• Taking advantage of strategic opportunities
Co-Moderators:

Michelle Feit Schwerin, Shareholder, Neill Schwerin Boxerman, P.C.
Justin Gelfand, Partner, Margulis Gelfand, LLC

Panelists:

Michael Sardar, Partner, Kostelanetz LLP
Caryn Finley, Assistant US Attorney
Elizabeth Hadden, Deputy Associate Chief Counsel, IRS Criminal Tax
Edward Robbins, Jr., Principal, Hochman Salkin Toscher Perez, P.C.
Richard Speier, Former Deputy Chief, IRS CI
Jeff Trevillion, Jr., Director, Crowe & Dunlevy, P.C.

Friday, December 8, 2023
10:30 am – 11:30 am (PST): Megan L. Brackney moderates a panel titled “Criminal Enforcement Priorities.”
Description: Hear a roundtable discussion of hot topics, recent decisions, and enforcement priorities in
criminal tax enforcement. The speakers are all current or former Internal Revenue Service or
Department of Justice leaders and prosecutors.
Learning Objectives:
• To provide information about IRS Criminal Investigation’s top enforcement priorities.
• To provide information about recent criminal tax cases.
• To provide an overview of areas of concern for the IRS, including Malta pension plans
and syndicated conservation easement transactions, and the IRS’s criminal enforcement
focus on these transactions.
• To discuss recent developments in the U.S. Sentencing Guidelines and how that might
impact the work of CI.
Moderator: Megan L. Brackney, Partner, Kostelanetz LLP
Panelists:

Guy Ficco, Deputy Chief, IRS Criminal Investigation
Richard T. Lunger, Deputy Division Counsel (Criminal Tax), Office of Chief Counsel, IRS
Rod J. Rosenstein, Partner, King & Spalding LLP

11:30 am – 12:30 pm (PST): Bryan C. Skarlatos moderates a panel titled “When You Know Something That The Government Does Not: Ethical Considerations In Keeping Your Civil Case From Going Criminal.”
Moderator: Bryan C. Skarlatos, Partner, Kostelanetz LLP
Panelists:

Jeffery Neiman, Partner, Marcus Neiman & Rashbaum LLP
Josh Ungerman, Partner, Meadows, Collier, Reed, Cousins, Crouch & Ungerman LLP
Zhanna Ziering, Member, Moore Tax Law Group LLC

2:45 pm – 3:45 pm (PST): Don Fort co-moderates a panel titled “Tax Enforcement Across Generations: Senior IRS Special Agents In Dialogue With Those Who Follow In Their Footsteps.”
Description: Understand how tax enforcement strategies, agent capabilities, and prosecuted cases have
evolved over 20 years through a dialogue between senior and new IRS special agents. Recognize
how the proliferation of digital data and analytical tools has impacted evidence gathering and
prosecutions. Appreciate how the IRS has adapted techniques to uncover complex global tax
avoidance. Gain insight on current enforcement priorities, challenges, and knowledge sharing
from direct experiences of senior and new special agents.
Learning Objectives:
• Gain perspective on how tax enforcement strategies have evolved over the past 20 years
based on insights from senior and new IRS agents.
• Understand how the proliferation of digital evidence has impacted IRS special agents’
investigative approaches and techniques.
• Recognize the value of knowledge sharing between senior and new IRS special agents to
enhance overall enforcement capabilities.
Co-Moderators:

Don Fort, Director of Investigations, Kostelanetz LLP
Frank Agostino, President, Agostino & Associates PC

Panelists:

Panel of current and retired IRS Special Agents TBA

5:00 pm – 6:00 pm (PST): Caroline D. Ciraolo moderates a plenary session titled “How To Mentor Across Differences And Build A More Effective Tax Practice Through Diversity.”
Description: A recent McKinsey & Company study found that companies with diverse executives were 36%
more likely to report above-average profits. Moreover, diversity, equity, and inclusion in law
firms lead to increased critical thinking and advocacy skills, attract larger clients, and spurs
economic growth. Nonetheless, there has been a historical lack of diversity in tax practices
across the country. Recognizing this gap, tax professionals are striving to diversify their
organizations, and while there are methods – often financially driven – to recruit diverse
professionals, retaining those same professionals and building the next generation of diverse
leaders can be a challenge. The panelists will discuss how they and their respective organizations
are mentoring across differences to recruit, retain, and promote diverse practitioners and, in
doing so, build a more effective tax practice.
Learning Objectives:
• Understanding the benefits of diversity in the legal profession
• Understanding various types of diversity in the legal profession and obstacles faced by
diverse practitioners
• Identifying ways to cultivate sponsorships and mentorships for diverse practitioners
• Identifying ways to structure training and education on interrupting implicit bias and
other roadblocks
• Identifying ways to obtain and respond to meaningful feedback on DEI efforts
Moderator: Caroline D. Ciraolo, Partner, Kostelanetz LLP
Panelists:

David Farhat, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Carlos Ortiz, Partner, BakerHostetler LLP
Melissa Wiley, Partner, Lowenstein Sandler LLP

Click here to register and for more information.

2024 D.C. Bar Tax Conference: "Partnership Taxation/ Tax Controversy: BBA Partnership Audits in a Post-IRA World"
2024-01-10 14:15 - 15:30 (America/New_York)
Kostelanetz counsel Andrew Weiner will participate in the 2024 D.C. Bar Tax Conference on the panel entitled “Partnership Taxation/ Tax Controversy: BBA Partnership Audits in a Post-IRA World” on January 10, 2024.
Date and Time:
Wednesday, January 10, 2024, 2:15 pm – 3:30 pm (Eastern)
Description:
The IRS is using the significant funding it received under the Inflation Reduction Act of 2021 to increase audits of wealthy individuals and large businesses, including partnerships. Panelists will discuss what taxpayers and practitioners can expect under the BBA partnership audit regime and provide tips for navigating this brave new world.
Speakers:
•Rochelle Hodes, Principal, Crowe LLP
•Mary Slonina, Managing Director, KPMG LLP
•Andy Weiner, Counsel, Kostelanetz LLP
•Clifford Scherwinski, Director, Pass-Through Entities Practice Area, Large Business & International, Internal Revenue Service
•Jennifer Black, Senior Counsel, Internal Revenue Service
Click here for more information.

Tax Litigation Update Including Recent Decisions And Their Impact On Corporate And Individual Taxpayers
2024-01-11 10:30 - 11:45 (America/New_York)
Caroline Ciraolo will speak in a panel titled “Tax Litigation Update Including Recent Decisions and Their Impact on Corporate and Individual Taxpayers” at the 2024 D.C. Bar Annual Tax Conference on January 11, 2024. The conference will take place at D.C. Bar headquarters with a virtual option.
Event Description:
Leading tax practitioners will discuss recent tax litigation decisions, and the impact of these decisions on individual and corporate clients in the tax litigation space. Kostelanetz LLP Partner Caroline D. Ciraolo will be contributing to the discussion.
Hosted by the Tax Community at the 2024 D.C. Bar Annual Tax Conference.
Moderator:
Michael Desmond, Partner, Gibson, Dunn & Crutcher LLP
Panelists:
• Caroline Ciraolo, Partner, Kostelanetz LLP and Adjunct Professor of Law, The Georgetown University Law Center
• Andrew Strelka, Counsel, Latham & Watkins, LLP
• Lindsay L. Clayton, Assistant Chief, Tax Division, U.S. Department of Justice
• Justin L. Campolieta, Special Trial Attorney (Senior Level), IRS Office of Chief Counsel, Strategic Litigation
Visit here for registration. Visit here for event details.

Navigating Between Tax Litigation And Other Dispute Resolution Mechanisms
2024-01-16 16:15 - 17:15 (America/New_York)
Caroline Ciraolo will speak in a panel titled “Navigating Between Tax Litigation And Other Dispute Resolution Mechanisms” at the 13th Annual London Finance and Capital Markets Conference on January 16, 2024. The conference is hosted by the International Bar Association at One Great George Street, London, England.
Event Description:
This event will cover the following subjects:

An assessment of the reliability of the domestic tax litigation
The impact of criminal tax exposure on the civil case
Group policy relating to tax disputes
Are mutual agreement procedures (MAPs) and arbitration always viable alternatives?
Which tax issues generate most disputes in addition to transfer pricing?
Pro and cons of tax settlements including creditability of the settled tax in the home state

Chair:
Guglielmo Maisto, Maisto & Associates, Milan, Italy
Panelists:
Ramona Azzopardi, WH Partners, Ta Xbiex, Malta
Caroline Ciraolo, Kostelanetz LLP, Washington, DC, USA
Michel Collet, CMS Francis Lefebvre Avocats, Neuilly-sur-Siene, France
Gregory Price, Macfarlanes LLP, London, England
Sonja Schiller, Google, Seattle, Washington, USA
Visit here for registration. Visit here for event details.

American Bar Association Tax Section 2024 Midyear Tax Meeting
2024-01-18 - 2024-01-20
Kostelanetz attorneys will participate in a variety of panels and presentations at the American Bar Association Tax Section’s 2024 Midyear Tax Meeting in San Francisco, CA on January 18-20, 2024.
Thursday, January 18, 2024
1:30 PM – 2:30 PM (PST): Andrew Weiner participates in a panel titled “Equitable Tolling and Tax Collections.”
Description: This panel will focus on equitable tolling and how it applies to requests for collection due process hearings and in the Tax Court.
Moderator:
Goldburn P. Maynard, Jr., Loretta Argrett Fellow, Assistant Professor, Indiana University, Kelley School of Business
Panelists:
Andrew Weiner, Counsel, Kostelanetz LLP
Jonathan Kalinski, Shareholder, Hochman, Salkin, Toscher, Perez P.C.
Christopher Jones, Senior Technician Reviewer, Procedure & Administration (Branch 4), IRS Office of Chief Counsel
2:00 pm – 3:00 pm (PST): Michael Waalkes participates in a panel titled “Employee Retention Credits: Overview and Audit Risks”
Description: This panel will provide an overview of the background and evolution of the “employee retention credits,” first introduced with the CARES Act. Panelists will address recent IRS announcements acknowledging potentially fraudulent employee retention credit schemes and erroneous claims for such refunds, and the impact of heightened audit risks for companies, including in M&A transactions.
Panelists:
Michael Waalkes, Associate, Kostelanetz LLP
Greg A. Chriss, PwC U.S. Tax LLP
Jimmy B. Franco, Indirect Tax Manager, Ernst & Young LLP
Andrew L. Gradman, Partner, Falcon Rappaport & Berkman LLP
Rami M. Khoury, Associate, Taylor Nelson Amitrano LLP
6:00 PM – 7:30 PM (PST): Michael Waalkes participates in a panel titled “Careers in Tax.”
Description: This panel will open a discussion between current practitioners in the tax law space to provide information for L.L.M. or J.D. students seeking a career in tax.
Moderator:
Janelle N. Darnell, Associate, McGuireWoods LLP
Panelists:
Michael Waalkes, Associate, Kostelanetz LLP
Marc D. Nickel, Associate, McGuireWoods LLP
Sean Silva, M&A Tax Sr. Manager, KPMG LLP
Lany L. Villalobos, Associate, Kirkland & Ellis LLP
Friday, January 19, 2024
4:00 PM – 4:55 PM (PST): Andrew Weiner participates in a panel titled “Defining Refund Litigation When the Refund Claim is Filed.”
Description: Refund litigation is likely to increase as the IRS summarily denies refund claims through its Service Centers or plainly refuses to process other types of refund claims, such as those involving the employee retention credit. The scope of the refund litigation is defined when the refund claim is administratively filed with the IRS. The panelists will discuss best practices for filing administrative refund claims, including how to navigate: statutes of limitation considerations; the specificity requirements; the doctrine of variance; protective claims for refund; and more.
Moderator:
Garrett L. Brodeur, Associate, Skadden, Arps, Slate, Meagher & Flom LLP
Panelists:
Andrew Weiner, Counsel, Kostelanetz LLP
Pamela Grewal, Managing Director, Andersen
Christopher Jones, Senior Technician Reviewer, Procedure & Administration (Branch 4), IRS Office of Chief Counsel
Saturday, January 20, 2024
9:30 AM – 10:30 AM (PST): Maxwell Brown participates in a panel titled “Strategical Issues in the Evolving ERC Area.”
Description: Panel will discuss the moratorium and strategical issues taxpayers should consider moving forward in an uncertain enforcement environment.
Moderator:
Mary Wood, Meadows, Collier, Reed, Cousins, Crouch & Ungerman, LLP
Panelists:
Maxwell Brown, Associate, Kostelanetz LLP
Tony Box, Partner, Gray Reed
Visit here for registration, and here for event details.

Employee Retention Credits: Overview And Audit Risks
2024-01-18 14:00 - 15:00 (America/Chicago)
Content is protected.

Careers in Tax
2024-01-18 18:00 - 19:30 (America/Chicago)

Where In The World...? Recent Updates In International Information Return Caselaw And Practice
2024-01-24 12:30 - 13:30 (America/New_York)
Heather Fincher will participate in a panel titled “Where in the World…? Recent Updates in International Information Return Caselaw and Practice” hosted by the D.C. Bar on January 24, 2024. The conference will be held virtually.
Event Description:
Tax controversy professionals – including the current National Taxpayer Advocate – have been bemoaning the complex filing requirements and onerous penalties associated with international information return penalties for years. No longer limited to the notorious FBAR, since before COVID, the IRS has been cracking down on international information reporting forms such as Forms 5471, 5472, 3520, and 3520-A. Appeals has been overrun with cases challenging international information return penalties on the grounds of reasonable cause. This past year, it was the courts’ turn to chime in.
This panel will explore the recent string of international information reporting cases (including Fahry, Aroeste, and Bittner) and discuss their implications for the future. Attendees are encouraged to come with their own war stories, tips, tricks and questions!
Pre-registration for this program is required. As always, please feel free to share this invitation with colleagues. D.C. Bar membership is not required to attend. Non-members will need to create a profile to register and access the content.
Sponsored by: Tax Audits and Litigation Committee of the D.C. Bar Taxation Community
Speakers:
Heather Fincher, Associate, Kostelanetz LLP
Pedro Corona de la Fuente, Partner, Procopio, Cory, Hargreaves & Savitch LLP
Victor Jaramillo, Member, Caplin & Drysdale, Chartered
Visit here for registration and event details.

Industry Development Series: Financial Crime Enforcement Across Borders
2024-02-22 08:30 - 17:00 (America/New_York)
On February 22, 2024, Kostelanetz LLP, AlixPartners, and the Bahamas Financial Services Board will host a seminar on “Financial Crime Enforcement Across Borders” for financial industry professionals in Nassau, Bahamas. Caroline D. Ciraolo and Jay R. Nanavati will be featured speakers.
Panel topics will include:

Bahamas Regulatory Update
Cross-Border Criminal Tax Update
AML & OFAC/Sanctions Enforcement Update
The DOJ’s Emphasis on Individual Liability for Corporate Crime
Developing and Implementing an Effective Risk Management Program
Combatting Financial Crime in the Digital Assets Fintech Space

Click here for more information and to register.

Federal Bar Association 2024 Tax Law Conference (CLE/CPE)
2024-03-01 08:00 - 2024-03-05 17:00 (America/New_York)
Join the Section on Taxation for the 48th Annual Tax Law Conference. This three-day program will offer the same great content in-person and online. Programming will be held in-person on Friday, March 1 and virtually from Monday, March 4 – Tuesday, March 5. Programming will include a keynote luncheon address and awards reception for the prestigious Kenneth H. Liles Award for Distinguished Service to an eminent tax practitioner. Ethics, CLE, and CPE credit will be available.
Friday, March 1, 2024
4:00 PM – 5:00 P.M. (EST): Megan L. Brackney participates in a panel titled “Multijurisdictional Ethics Issues – Working in Multiple Jurisdictions – Some Things You May Not Think About May Hurt.”
Description: Practitioners who represent foreign (and domestic) clients face problems that not only raise ethics issues (like practicing in more than one jurisdiction – e.g., license issues, language issues, as well as knowledge of other jurisdictions), but importantly may also involve them and their clients in a number of reporting requirements and even scrutiny under federal money laundering and other statutes that impose criminal liability. These situations require thought about due diligence on accepting clients from other jurisdictions who may have needs or motives besides having a house in your state – tax evasion, reporting of income and assets, etc. This panel will discuss matters you really need to consider and actions you need to take to represent clients with more complex investments and businesses.
Moderator:
Fred Murray, Special Counsel, IRS, U.S. Department of the Treasury
Panelists:
Megan L. Brackney, Partner, Kostelanetz LLP
Matt Cooper, Managing Director, Tax Controversy Services, Deloitte Tax LLP
Emily Lesniak, Senior Level Counsel, Procedure and Administration, IRS, U.S. Department of the Treasury
Monday, March 4, 2024
12:30 PM – 1:30 PM (EST): Michael Sardar moderates a panel titled “The Employee Retention Credit Rewind: Evaluating ERC Claims and Determining the Right Path Forward.”
Description: The Employee Retention Credit (“ERC”) is a pandemic-era program that allowed taxpayers who suffered a pandemic-related business interruption to claim a tax credit tied to the number of employees employed by the business. Only businesses that met certain qualification guidelines were entitled to claim benefits under the ERC. In the midst of the pandemic-driven rush to distribute funds to taxpayers, some taxpayers made ERC claims that did not meet Congress’ qualification criteria. The Service has stepped-up enforcement efforts with respect to nonqualifying claims by auditing taxpayer ERC claims, investigating tax advisors and ERC consulting companies, and taking other enforcement action. The IRS has also paused processing new ERC claims, instituted a withdrawal program that would allow certain taxpayers to withdraw nonqualifying claims, and announced a voluntary disclosure program to allow taxpayers to return inappropriately claimed ERC funds.
Moderator:
Michael Sardar, Partner, Kostelanetz LLP
Panelists:
Melissa Henkel, Branch Chief, Office of Chief Counsel, IRS, U.S. Department of the Treasury
Starling Marshall, Partner, Crowell & Moring LLP
John McInelly, Executive Lead, Employee Retention Credit, IRS, U.S. Department of the Treasury
Daniel Strickland, Senior Counsel, Holland & Knight
2:00 PM – 3:00 PM (EST): Caroline D. Ciraolo moderates a panel titled “Defending Malta Pension Plans – Lessons Learned and What Lays Ahead….”
Description: In July 2021, the IRS added Malta pension plans (MPPs) to its “Dirty Dozen” list as a “potentially abusive” transaction, explaining that some “U.S. citizens and residents are relying on an interpretation of the U.S.‐Malta Income Tax Treaty (Treaty) to take the position that they may contribute appreciated property tax free to certain Maltese pension plans and that there are also no tax consequences when the plan sells the assets and distributes proceeds to the U.S. taxpayer. In December 2021, the IRS announced a Competent Authority Arrangement between the U.S. and Malta stating the mutual understanding that “pension fund” for purposes of the Treaty does not include a plan that allows participants to contribute property other than cash or does not limit contributions based on a taxpayer’s employment or self-employment income. On June 7, 2023, the IRS proposed making the MPPs a listed transaction, and later that month, IRS Criminal Investigation issued numerous summonses to individuals and entities involved in MPPs and later confirmed a joint investigation with IRS Large Business & International. Practitioners representing MPP clients have addressed myriad issues including the scope and impact of joint investigations, the validity of summonses, treaty interpretations, applicable statutes of limitations, privileges and work product doctrine, and conflicts of interest. This panel will review those issues, discuss lessons learned and recent developments, and what may lay ahead as the government continues to pursue its parallel investigations.
Moderator:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Panelists:
Tom Cullinan, Shareholder, Chamberlain, Hrdlicka, White, Williams & Aughtry
Kathy Enstrom, Director of Investigations, Moore Tax Law Group LLC
Daniel Price, Managing Member, Law Offices of Daniel N. Price, PLLC
Tuesday, March 5, 2024
2:00 PM – 3:00 PM: Caroline D. Ciraolo moderates a panel titled “We Live in Interesting Times – The Latest in Criminal Tax Investigations and Sentencings.”
Description: IRS Criminal Investigation and its partners within the Department of Justice have been hard at work pursuing individuals and entities believed to have engaged in willful tax violations. Recent criminal tax investigations involve syndicated conservation easements, Malta pension plans, international structures and accounts, cryptocurrency schemes, employment tax violations, pandemic-related fraud, and other high priority areas of enforcement. Many of these investigations involve complex and emerging issues, including the use of filter teams, acquisition and use of foreign based evidence, and constitutional challenges. At the other end of the lifecycle of a criminal tax case, defense counsel and prosecutors are addressing new developments in sentencings, including the consideration of intended tax loss and acquitted conduct, the Zero-Point Offender adjustment, the corresponding impact of role adjustments, and a renewed push to consider non-custodial sentences. Panelists will review these important issues, discuss recent developments, and offer best practices.
Moderator:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Panelists:
Sandra Brown, Principal, Hochman Salkin Toscher Perez P.C.
Eric Hylton, Director of Investigations, ZMF Law
Jeffrey Neiman, Partner, Marcus Neiman & Rashbaum LLP
Click here for more information and to register.

Multijurisdictional Ethics Issues – Working In Multiple Jurisdictions – Some Things You May Not Think About May Hurt You
2024-03-01 16:00 - 17:00 (America/New_York)
Megan Brackney will participate in a panel titled “Multijurisdictional Ethics Issues – Working in Multiple Jurisdictions – Some Things You May Not Think About May Hurt You” hosted by the 2024 Tax Law Conference on March 1, 2024 at the Ronald Reagan Building & International Trade Center.
Event Description:
Practitioners who represent foreign (and domestic) clients face problems that not only raise ethics issues (like practicing in more than one jurisdiction – e.g., license issues, language issues, as well as knowledge of other jurisdictions), but importantly may also involve them and their clients in a number of reporting requirements and even scrutiny under federal money laundering and other statutes that impose criminal liability. These situations require thought about due diligence on accepting clients from other jurisdictions who may have needs or motives besides having a house in your state – tax evasion, reporting of income and assets, etc. This panel will discuss matters you really need to consider and actions you need to take to represent clients with more complex investments and businesses.
This event is co-hosted by the Federal Bar Association’s Section on Taxation.
Moderator:
Fred Murray, Special Counsel, IRS, U.S. Department of the Treasury
Speaker:
Megan Brackney, Partner, Kostelanetz LLP
Matt Cooper, Managing Director, Tax Controversy Services, Deloitte Tax LLP
Emily Lesniak, Senior Level Counsel, Procedure and Administration, I.R.S., U.S. Department of the Treasury
Registration is now open. Please visit here for registration, and click here for event details.

American Bar Association's 39th Annual National Institute on White Collar Crime
2024-03-06 10:30 - 11:45 (America/Los_Angeles)
On March 6, 2024, Caroline D. Ciraolo speaks on a panel titled “Criminal Tax Enforcement – The Powers and Perils of Parallel Criminal and Civil Investigations” at the ABA’s 39th Annual National Institute on White Collar Crime.
Parallel investigations involving the IRS and federal tax matters by different state or federal government entities have become common practice. The panel will discuss the challenges and strategies when dealing with such proceedings, including issues that arise when government coordination may result in a determination of a “joint” rather than a parallel matter.
Wednesday, March 6, 2024
10:30am – 11:45am (PST)
Moderator:
Sandra R. Brown, Hochman Salkin Toscher Perez P.C.
Speakers:
Caroline D. Ciraolo, Kostelanetz LLP
Ronald L. Cheng, Pillsbury Winthrop Shaw Pittman LLP
Mary E. Hammond, Executive Director, Global Operations Policy & Support, IRS Criminal Investigation
Pamela M. Johnston, Foley & Lardner LLP

Click here for more information and to register.

FATCA Reporting: Filing Form 8938
2024-03-11 13:00 - 14:50 (America/New_York)

2024 AML Partnership Forum
2024-03-18 12:00 - 2024-03-20 12:15 (Europe/Berlin) | The Mayflower Hotel, 1127 Connecticut Avenue Northwest, Washington, DC, 20036
On March 19, 2024, Don Fort will be moderating a law enforcement panel at the AML Partnership Forum with IRS-CI, HSI, and FBI officials. He will also be delivering the closing remarks on Wednesday, March 20, 2024. The event is taking place this year from March 18-20, 2024 at the Mayflower Hotel in Washington, D.C.
Event Description
This event is an opportunity for members of the AML community from financial service providers and law enforcement agencies to have candid, confidential conversations on key topics on preventing money laundering, terrorist financing and other financial crimes.
Speakers
Katrina W. Berger, Executive Associate Director, HSI
Ken Harvey, Corporate Director
Guy Ficco, Deputy Chief, IRS:CI
Salvatore Russo, Brigadier General, Guardia di Finanza (Economic and Financial Police), Italy
James Barnacle, Financial Crimes Section, Criminal Investigative Division, FBI
Don Fort, Director of Investigations, Kostelanetz LLP
Click here for more information and to register.

Nuts and Bolts of Tax Controversy 2024
2024-03-18 - 2024-03-20
On March 25, 2024, Bryan C. Skarlatos and his co-chair Michael Desmond will deliver the opening remarks for the Practicing Law Institute’s program, Nuts and Bolts of Tax Controversy 2024. This event will take place both virtually and in-person at PLI New York.
Event Description
This event is designed for tax practitioners who want to gain a deeper understanding of the evolving post-IRA tax enforcement and compliance environment.
Speakers
Bryan C. Skarlatos, Kostelanetz LLP
Michael J. Desmond, Gibson, Dunn & Crutcher LLP
Sharon Katz-Pearlman, Greenberg Traurig, LLP
Lawrence A. Sannicandro, McCarter & English, LLP
Marc L. Caine, Internal Revenue Service
Melissa L. Wiley, Lowenstein Sandler LLP
Jennifer M. Black, Internal Revenue Service
Rochelle L. Hodes, Crowe LLP
Clifford R. Scherwinski, Internal Revenue Service
Nikole C. Flax, PwC
Pamela Grewal, Andersen
James B. Kelly, Internal Revenue Service
Brian C. McManus, Latham & Watkins LLP
Elizabeth P. Askey, Internal Revenue Service
Sheri A. Dillon, Morgan, Lewis & Bockius LLP
Mary I. Slonina, KPMG LL
Click here for more information and to register.

52nd Annual Conference Of The USA Branch Of The International Fiscal Association
2024-03-21 - 2024-03-22
The event includes two full days, Thursday and Friday, of practical sessions on international tax topics, with eminent speakers joining from private practice, industry, and government. The event will also include two luncheons, a networking cocktail reception, and a banquet.
The key takeaways for the participants from the program will be:
1. Updates on tax technical aspects of recent changes in the U.S. tax rules (e.g., Foreign Tax Credits, Alternative Minimum Tax, etc.).
2. Updates on U.S. and Global Tax Policy changes.
3. Practical insights on tax modelling and planning for clients and employers.
Thursday, March 21, 2024
11:30 AM – 12:30 P.M. (EST): Megan L. Brackney participates in a panel titled “Penalties in International Tax Practice – An Update.”
Moderator:
Melissa Wiley, Lowenstein Sandler LLP
Panelists:
Megan L. Brackney, Kostelanetz LLP
Victor Jaramillo, Caplin & Drysdale
Larry Sannicandro, McCarter & English, LLP
CLE credit is offered for this event.
Friday, March 22, 2024
12:45 PM – 1:45 PM (EST): Caroline D. Ciraolo moderates a panel titled “Ethics in International Taxation.”
Moderator:
Caroline D. Ciraolo, Kostelanetz LLP
Click here for more information and to register.

With A Little Help From Our Friends - Cross-Border Criminal Tax Investigations
2024-04-12 14:30 - 16:00 (Europe/Berlin) | Munich, Germany
On April 12, 2024, Caroline D. Ciraolo will co-chair a session on cross-border criminal tax investigations during the 24th Annual U.S. and Europe Tax Practice Trends Conference hosted by the American Bar Association in Munich, Germany.
Event Description
Countries around the world are recognizing the value of cooperation and collaboration to combat transnational criminal tax offenses. Governments and their respective tax authorities are leveraging treaty relationships and using a wide range of tools to gather information, documents, and evidence located outside their borders to investigate crimes that occur across jurisdictions. Practitioners representing clients caught in these investigations need to identify the various stakeholders, engage with local professionals, understand the foreign rules regarding data privacy, preservation, and protection, manage public relations, communicate with law enforcement and regulatory authorities, navigate red notices and extradition risks, and negotiate with multiple jurisdictions.
The panelists will present the government’s view of cross border investigations as well as best practices from counsel for the defense.
Co-Chairs
Caroline D. Ciraolo, Kostelanetz LLP, Washington, DC
Alice Rousseau, Alice Rousseau Avocats, Paris
Speakers
Mary E. Hammond, Executive Director, Global Operations Policy and Support, IRS Criminal Investigation, Washington, DC
Magnus Müller, Allen & Overy LLP, Munich
Sarah Paul, Evershed Sutherland (US) LLP, New York, NY
Sabine Stetter, Stetter Attorneys at Law, Munich
Silvia Martina, Cagnola & Associati Studio Legale, Milan
Click here for more information and to register.

Tax Controversy and the Partnership Representative in the BBA Audit Context
2024-04-16 09:00 - 2024-04-18 10:00 (America/New_York)
Megan Brackney will participate in a program titled “Tax Controversy and the Partnership Representative in the BBA Audit Context” hosted by the Practicing Law Institute.
Event Description:
The Bipartisan Budget Act of 2015 (“BBA”) changed the way adjustments are made in the partnership context by enacting new partnership audit rules. Partnerships may be required to pay additional tax, and various partners may also be liable. This program will focus on the distinctive strategic and procedural considerations for partnership audits under the BBA.
Registration is now open. Please visit here for registration and event details.

Tax Ethics: Best Practices for Ensuring Compliance With Circular 230 and Other Applicable Rules
2024-04-19 13:00 - 14:50 (America/New_York)
On April 19, 2024 Bryan C. Skarlatos will participate in a webinar, sponsored by Strafford, titled “Tax Ethics: Best Practices for Ensuring Compliance With Circular 230 and Other Applicable Rules.”
Bryan will discuss Circular 230 concerns regarding ethical encounters facing tax professionals, including how current norms impact the profession. This discussion will examine best practices to ensure compliance and avoid penalties.
Program Description:
Fulfilling one’s professional obligations as a tax practitioner has never been easy, and the disruption caused by more practitioners working from home has compounded the profession’s ethical challenges. This webinar will explore how Circular 230, statutory penalties, and other applicable rules apply in everyday situations and discuss how technological changes expose tax professionals to potential sanctions.
To practice before the IRS, tax practitioners must comply with standards outlined in Circular 230, which covers conflicts of interest, the duty of confidentiality, knowledge of a client’s omission, and other issues, including the duty of supervisors to ensure that others in their firm comply with the rules. Knowing the requirements of the Circular, which complements the professional standards adopted by accounting societies and bar associations, is vitally important.
Click here for registration and program details.
CPE Credit is available for this program.

2024 ABA May Tax Meeting
2024-05-04 - 2024-05-06
The upcoming 2024 ABA May Tax Meeting is the premier event for lawyers interested in all aspects of tax law. Among a variety of panels, forums, and discussions, program offerings include a Women in Tax Forum sponsored by Kostelanetz LLP and a panel on the importance of interview notes in criminal matters featuring Daniel C. Davidson.
Friday, May 3, 2024
8:30 AM – 9:45 AM (EST): Women in Tax Forum (Non-CLE)
Description: The Women in Tax Forum Tea is going live at the May Meeting! Join us as we sit down and connect with female tax judges. They will share their stories of success, the challenges they faced, and advice they have for other women in tax. A light breakfast and tea will be provided.
Panelists:

Judge Tamara W. Ashford, United States Tax Court
Judge Wendy S. Tien, Minnesota Tax Court
Judge Courtney S. Jones, United States Tax Court
Judge Mala Sundar, New Jersey Tax Court (Invited)

Sponsored by Kostelanetz LLP.
Saturday, May 4, 2024
10:30 AM – 12:00 PM (EST): Daniel C. Davidson participates in a panel titled, “The Importance Of Interview Notes In Criminal Matters, From Investigation Through Sentencing [CLE].”
Description: This panel is a part of the 2024 May Tax Meeting hosted by the American Bar Association. Notes of interviews conducted by government agents play a critical role in criminal matters, including tax cases. Panelists will discuss defense strategies related to these notes, from the investigatory stage through indictment, plea or trial, and sentencing. The panel will explore means of obtaining government agent notes through negotiation and motion practice. Recent federal District Court cases that involved litigation over government agent notes will be discussed.
Learning Objectives: After attending the session, participants will be able to:
1. Understand the different circumstances in which government agents create notes of interviews, including informal notes, formal memoranda, and different agencies’ procedures for notetaking.
2. Discuss the best practices for taking notes during a client’s interview with the government.
3. Discuss strategies for obtaining government agent notes during criminal litigation.
4. Understand the importance of learning the particular discovery procedures and policies that exist in different jurisdictions.
5. Learn about Federal Rule of Criminal Procedure 5(f), enacted in 2020, which expands judicial oversight of the government’s discovery obligations under Brady v. Maryland and its progeny.
Moderator:

Sandra Brown, Principal, Hochman Salkin Toscher Perez P.C.

Panelists:

Daniel C. Davidson, Associate, Kostelanetz LLP
Michael P. Kelly, Partner, Akerman LLP
Sara Kropf, Co-Founder, Kropf Moseley PC

Click here for registration and program details.
CLE Credit is available for this event.

Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances 2024 New York City (CLE)
2024-05-07 - 2024-05-09
This three-day program, hosted by the Practicing Law Institute in New York, NY, is designed to ensure all attendees – from beginners to experts – will benefit. The first two days will present a logical and comprehensive study of the framework and intricacies of Subchapter K. The third day will focus on timely advanced and specialized topics, such as the new partnership audit rules and international joint venture issues.
After completing this three day program, participants will be able to:
1. Identify the planning issues that arise when considering the use of a partnership for business or investment.
2. Draft and review partnership allocation provisions in both allocation and distribution-driven agreements.
3. Calculate outside basis.
4. Issue spot and structure partnership debt workouts and restructuring transactions.
5. Draft partnership agreements and disclosure documents in the post-TEFRA world.
6. Understand recurring tax issues in industries that often use partnerships, such as real estate and investment funds.
May 9, 2024
8:30 A.M. – 9:30 A.M. (EDT): Megan L. Brackney participates in a panel titled, “New Partnership Audit Rules.”
Panelists:

Megan L. Brackney, Partner, Kostelanetz LLP
Kate Kraus, Partner, Allen Matkins
Jennifer M. Black (Invited), Senior Counsel, Office of the Associate Chief Counsel (Procedure & Administration), Internal Revenue Service

4:15 P.M. – 5:15 P.M. (EDT): Bryan C. Skarlatos participates in a panel titled, “Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Partnership Tax Advisor Should Know.”
Panelists:

Bryan C. Skarlatos, Partner, Kostelanetz LLP
S. Starling Marshall, Partner, Crowell & Moring LLP

Click here for registration and program details.
CLE Credit in Ethics is available for this event.

Helping Clients Come Into Tax Compliance (CLE)
2024-05-17
New York Law School’s Graduate Tax Program hosted their annual ethics workshop on professional responsibility for tax practitioners on May 17, 2024. Partner Megan L. Brackney spoke at an event titled “Helping Clients Come Into Tax Compliance.”
See program details here.
CLE Credit in Ethics is available for this event.

Recent United States Initiatives To Enforce Integrity
2024-05-30
On May 30, 2024, Bryan Skarlatos presented on “Recent United States Initiatives to Enforce Integrity” with Ian M. Comisky of Fox Rothschild LLP as part of Lawline’s CLE programming.
Description: The Corporate Transparency Act was enacted as part of the Anti-Money Laundering Act of 2020. In particular, 31 U.S.C. § 5336 was enacted and multiple proposed and final regulations have been issued. The statute and the regulations were designed to provide transparency with respect to corporate ownership in the United States and represent a sea change with respect to its requirements for new and existing businesses. The statutory framework raises significant additional ethical obligations for attorneys. The constitutionality of the act has been challenged and its future remains unclear.
Learning Objectives:

Examine the basics of information reporting and document protection provided under the Corporate Transparency Act
Identify who is a “beneficial owner” and the exceptions to the reporting requirements
Review additional due diligence requirements to be placed upon accountants, lawyers, and others involved in the process under the act
Discuss constitutional challenges to the Corporate Transparency Act
Analyze hypotheticals with respect to the application of the Corporate Transparency Act

For full event details, and to view the course, please click here.
CLE credit is available for this event.
