TaxIQ

2014 May Meeting

May 8-10, Washington, DC

Thoughtful Insights. Useful Analysis.
TaxIQ Meeting Materials Archive

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


Materials by Committee

Administrative Practice

Important Developments Slides: Important Developments in Administrative Practice

Affiliated & Related Corporations

Debt – Shmebt: What's Really at Stake If a Related Party “Note” Is Recast as Equity? Slides: Debt - Shmebt

Banking & Savings Institutions

The Increasing Relevance of Penalties and Settlement Payments Under Section 162 for Banks Slides: Understanding the Government's Positions on "Penalties" and Settlements

Bankruptcy & Workouts

Collection Due Process Hearings, and Other Collection Matters in the Appeals Division under AJAC State Corporate Income Tax Issues to Consider in Bankruptcy
Objecting to and Litigating a Tax Claim in Bankruptcy Slides: Objection and Litigation - The World's Best Tax Resolution Tool!
State Corporate Income Tax Issues to Consider in Bankruptcy Slides: State Corporate Income Tax Issues to Consider in Bankruptcy

Capital Recovery & Leasing

Accounting for Certain Payments for the Use of Property or Services Under Section 467 Outline: Accounting for Certain Payments for the Use of Property Under Section 467
Current Developments Report and Update on Pending Guidance Outline: Current Developments
Tangible Property Regulations Update – Continuation from the Midyear Meeting – Transition Guidance Discussion, FAQs, and an Update on the Proposed Regulations Slides: Tangible Property Regulations Update

Civil & Criminal Tax Penalties

An Update on FBAR penalty litigation and other International Collections Efforts Slides: An Update on FBAR Penalty Litigation and Other International Collections Efforts
Internal Revenue Service, Criminal Investigation - Update Outline: IRS Criminal Investigation Focused on Top Investigative Priorities in 2013
Reports of Subcommittees on Important Developments Outline: Important Developments - Criminal
Reports of Subcommittees on Important Developments Outline: Subcommittee on Attorney-Client and Constitutional Privileges Important Developments
The Compliance Perfect Storm: Voluntary Disclosures, Investigations of Offshore Financial Entities and FATCA Slides: The Compliance Perfect Storm
U.S. Department of Justice, Tax Division - Update Outline: Summary of Department of Justice, Tax Division Activities
Section Program: How Not to Get Your Client Deported Slides: How Not To Get Your Client Deported

Closely Held Business

Worker Classification Issues in State and Federal Tax Cases: An Ever Expanding and Dangerous Area of Tax Controversy Slides: Worker Classification

Corporate Tax

Ordinary Corporate Transaction or Listed Transaction? Slides: Ordinary Corporate Transaction or Listed Transaction?

Court Procedure & Practice

Important Developments Outline: Summary of Current Developments
Litigating the Administrative Procedures Act – Part 2 Slides: The Administrative Procedure Act (“APA”) and IRS Guidance, Part 2
Roundtable Discussion: The Trial Countdown Slides: The Trial Countdown

Diversity

Loyalty, Care, and Prudence: Conflicts of Interest and Fiduciary Duties Slides: Loyalty, Care, and Prudence: Conflicts of Interest and Fiduciary Duties
Military Stories: Tax and Legal Issues for Military Families Paper: Military Stories: Legal Issues for Military Families
Military Stories: Tax and Legal Issues for Military Families Slides: Military Stories: Legal Issues for Military Families

Employee Benefits

401(k) Plan Pitfalls Slides: 401(k) Plan Pitfalls
Affordable Care Act: Where Are We Now and Where Are We Going? Chart: Crediting Hours of Service for Leaves of Abscense Under the Look-Back Measurement Method
Affordable Care Act: Where Are We Now and Where Are We Going? Chart: Look-BackMeasurement Method of Determining the Full-Time Status of Employees Under Treas. Reg. §54.4980H-3(d)
Affordable Care Act: Where Are We Now and Where Are We Going? Outline: Affordable Care Act: Where Are We Now and What Have We Learned?
Department of the Treasury/Internal Revenue Service Hot Topics Outline: Summary of Selected Guidance Issued by the Department of the Treasury and the Internal Revenue Service during the Past 12-Months
Department of Treasury/Internal Revenue Service Questions and Answers Slides: IRS Treasury Questions and Answers
New Ideas for Pension Reform Paper: New Ideas for Pension Reform
New Ideas for Pension Reform Slides: Tontine Pensions
Defined Contribution Plans Update Outline: Lifetime Income Annuity Product Design
Fiduciary Responsibilities Update Outline: Lifetime Income Annuity Product Design
Legislative Update Outline: Summary of Budget Proposals
Litigation Update Outline: Employee Benefits Litigation Update
Distributions and Defined Benefit Plans Update Outline: Recent PBGC Legislative/Regulatory Developments
Distributions and Defined Benefit Plans Update Agenda: Retirement Plans: Uncashed Checks and Missing Participants
Distributions and Defined Benefit Plans Update Slides: Same-Sex Marriage and Qualified Retirement Plans
Executive Compensation, Fringe Benefits and Federal Securities Law Update Slides: Employment and Separation Agreements
Executive Compensation, Fringe Benefits and Federal Securities Law Update Summary: Draft Comments with Respect to Proposed 162(m)(6) Regulations
International Update Slides: Employee Benefits for Same-Sex Spouses After US v. Windsor
International Update Supplement: Article 18(1) Language
Multiple Employers, PEOs and Controlled Groups Update Outline: Touchstones of MEP Status Determinations under DOL Rules
Welfare Plan and EEOC Issues Update Outline: International Issues Update IRC 4980H
Welfare Plan and EEOC Issues Update Outline: Welfare Plan and EEOC Issues Update
Welfare Plan and EEOC Issues Update Outline: Changes to Employer Responsibility Rules Made by Final Section 4980H Regulations
Welfare Plan and EEOC Issues Update Outline: High Level Outline of Code Section 4980I Issues
Welfare Plan and EEOC Issues Update Chart: Transfer Between Look-Back and Monthly Measurement Methods
Welfare Plan and EEOC Issues Update Slides: Employer Reporting Requirements Under ACA
Exempt Organization and Governmental Plans Update Supplement: Status of Pre-Approved 403(b) Plans

Employment Taxes

Section Program: Collecting Federal Employment Taxes Outline: CAP Procedure
Section Program: Collecting Federal Employment Taxes Supplement: Fact Patterns for Collecting Federal Employment
Taxing the Mobile Workforce: Federal and State Approaches Slides: Taxing the Mobile Workforce
Update: Employer’s Obligations under the Affordable Care Act Slides: Employer's Obligations under the Affordable Care Act
Worker Classification Issues in State and Federal Tax Cases: An Ever Expanding and Dangerous Area of Tax Controversy Slides: Worker Classification
Worker Classification Issues in State and Federal Tax Cases: An Ever Expanding and Dangerous Area of Tax Controversy Slides: Worker Classification - Maryland

Estate & Gift Taxes

Current Developments Outline: Current Developments in Federal Transfer Taxes
Venn Diagrams: Meet Me at the Intersection of Estate & Income Tax (Planning in the ATRA-Math)" Paper: Venn Diagrams: Meet Me at the Intersection of Estate & Income Tax
Venn Diagrams: Meet Me at the Intersection of Estate & Income Tax (Planning in the ATRA-Math)" Slides: Venn Diagrams: Meet Me at the Intersection of Estate & Income Tax

Exempt Organizations

Committee’s Response to the Proposed 501(c )(4) Regulations Outline: Comments on Proposed Regulations
Committee’s Response to the Proposed 501(c )(4) Regulations Supplement: 501(c )(4) Political Activity NPRM
News from the Hill Slides: News from the IRS and Treasury and News from the Hill

Fiduciary Income Tax

Planning Under the Net Investment Income Tax Slides: Planning Under the Section 1411 Net Investment Income Tax
The Power to Adjust and The Power to Convert – How, When, Why and What Do Professionals Do, and Defending the Decision Outline: When You Must Adjust -- How, When, Why & What Do the Professionals Do?
The Power to Adjust and The Power to Convert – How, When, Why and What Do Professionals Do, and Defending the Decision Slides: When You Must Adjust -- How, When, Why & What Do the Professionals Do?
Unraveling Family Limited Partnership’s Slides: Unraveling Family Limited Partnerships

Financial Transactions

Hot Issues Under Section 475 Slides: Hot Issues Under Section 475
Joint Current International Developments Panel – Part II Slides: What's New in Inbound Investments

Foreign Activities of US Taxpayers

Returning Cash to the US Slides: Returning Cash to the US and Notice 2014-32
Investments in United States Property under Section 956 Developments and Unresolved Issues Slides: Working with Subpart F

Joint International Committee: FAUST, FLF, USAFTT, and TP

Joint Current Developments: FAUST, FLF, Transfer Pricing and USAFTT Slides: Joint International Current Developments Panel

Foreign Lawyers Forum

BEPS Won’t Wait: It's Here and Now and You Need to Know About It! How BEPS is Already Affecting International Tax Planning Slides: BEPS Won’t Wait: How BEPS is Already Affecting International Tax Planning

Individual & Family Taxation

“Eggshell” Audits and Avoiding a Criminal Referral Outline: Eggshell Audits
“Eggshell” Audits and Avoiding a Criminal Referral Slides: Eggshell Audits: Handling IRS Examinations of Closely Held Businesses When There Are Criminal Tax Issues
Learning the Basic Rules and Staying Updated on Recent Changes to Requesting Innocent Spouse Relief Slides: Innocent Spouse Relief: Basic Rules and Recent Developments
Taxpayer Uncertainty from Damage Awards and Settlements Outline: Legislative Recommendation
Taxpayer Uncertainty from Damage Awards and Settlements Outline: A History of Section 104(a)(2)

Insurance Companies

Captive Insurance Companies and Employee Benefits: How Do These Areas Intersect and What Are the Tax Issues? Slides: Reinsurance of Domestic and International Employee Benefits with Captive Insurers
Section 4371 Excise Tax on Foreign-Issued Insurance and Reinsurance Contracts: What Are Some of the Issues, and How Are Companies Affected by the Recent Validus Case? Slides: The Insurance Excise Tax After Validus

Investment Management

Current Issues Being Addressed by the Investment Company Institute Slides: Investment Company Institute: Current Issues
FATCA Update for Onshore and Offshore Private Investment Funds: Risks, Responsibilities and Oversight Outline: FATCA Update for Onshore and Offshore Private Investment Funds
IRS Office of Chief Counsel Update on Regulated Investment Company Issues. Slides: IRS Office of Chief Counsel: Update on RIC Issues

Low Income Taxpayers Representation Workshop

Communicating with Clients who have Health, Learning, or Mental Disabilities or Trauma Script: Communicating with Clients who have Health, Learning, or Mental Disabilities or Trauma
Communicating with Immigrant Communities Slides: Communicating with Immigrant Communities
Communicating with Third Parties Slides: Communicating with Third Parties
Handling Communication Breakdowns Slides: Handling Communication Breakdowns

Partnerships & LLCs

Built-in Losses, Section 704(c) Layers, Mandatory Basis Adjustments, and Basis Adjustment Apportionments Slides: Proposed Regulations on Partnership Tax Provisions under the American Jobs Creation Act of 2004
Related Issues: Proposed Regulations on Section 752 and Related Party Rules Slides: Proposed Regulations under Section 752 and Related Party Rules
Risky Risk of Loss and Disguised Sale Proposed Regulations (Part II) Outline: Proposed Regulations on Debt Allocations: Controversial, and Deservedly So
Risky Risk of Loss and Disguised Sale Proposed Regulations (Part II) Slides: Risky Risk of Loss and Disguised Sale Proposed Regulations
Risky Risk of Loss and Disguised Sale Proposed Regulations (Part II) Slides: Top Ten Isues with the Proposed Regulations Under Section 752

Pro Bono & Tax Clinics

Loving Tax Return Preparers Slides: Loving Tax Return Preparers
Recent Developments at the Tax Court of Interest to Low Income Taxpayers Outline: Recent Developments at the Tax Court of Interest to Low Income Taxpayers

Real Estate

Risky Risk of Loss and Disguised Sale Proposed Regulations (Part I) Outline: Proposed Regulations on Debt Allocations: Controversial, and Deservedly So
Risky Risk of Loss and Disguised Sale Proposed Regulations (Part I) Slides: Risky Risk of Loss and Disguised Sale Proposed Regulations
Risky Risk of Loss and Disguised Sale Proposed Regulations (Part I) Slides: Top Ten Isues with the Proposed Regulations Under Section 752
Section 1234A, Pilgrim’s Pride, Abandonment, and Capital vs. Ordinary Losses Slides: Section 1234A and Pilgrim's Pride

S Corporations

Current Developments Outline: Current Developments in the Federal Income Taxation of S Corporations
Elections Under Section 336(e) Compared to Section 338(h)(10) Elections: Issues and Implications for S Corporations Chart: Section 336(e) - Another Tool in the Toolbox
Elections Under Section 336(e) Compared to Section 338(h)(10) Elections: Issues and Implications for S Corporations Slides: Section 336(e) - Another Tool in the Toolbox
The Impact on S Corporations of the New Net Investment Income Tax Slides: Section 1411 Advanced Net Investment Income Tax

Sales, Exchanges & Basis

Current Developments in Sales, Exchanges & Basis Outline: Current Non-Section 1031 Developments
Current Developments in Sales, Exchanges & Basis Outline: IRC § 1031/§ 1033 Current Developments
Don’t Fall In: Pool v. Commissioner’s Impact Upon Capital Gain Preservation Transactions Slides: Don't Fall In: Pool v. Commissioner's Impact Upon Captial Gain Preservation Transactions
Rescissions –Where Are We Now? Outline: Rescissions: Where Are We Now?
TICs and DST transactions: They’re Back! Supplement: Open Tenancies-in-Common
What Can an Exchange Accommodation Titleholder Acquire? Slides: What Can an Exchange Accommodation Titleholder Acquire

Standards of Tax Practice

Ethical Issues in Federal Tax Practice – The Government Perspective Slides: Ethical Issues in Federal Tax Practice - The Government Perspective
Serving Two Masters: The Practitioner’s Duties Under Circular 230 and As an Advocate for a Client Slides: Serving Two Masters: The Practitioner’s Duties Under Circular 230 and as an Advocate for a Client
The Fallout from Loving: How Broad an Impact on Circular 230? Slides: The Fallout from Loving: How Broad an Impact on Circular 230?

State & Local Taxes

Aftershave: Multistate Tax Compact Election Litigation Sweeps the Nation Slides: Aftershave: Multistate Tax Compact Litigation & Its Ramifications
Handling an Equitable Apportionment Case Slides: Alternative Apportionment
McNeil Trusts v. Pennsylvania and Lewis Linn, Trustee of the Autonomy Trust 3 v Illinois - What is a resident trust for state income tax purposes? Paper: Let my Trustees Go! Planning to Minimize or Avoid State Income Taxes on Trusts

Tax Accounting

Accounting Methods and Employee Compensation Outline: Accounting Method and Employee Compensation
Current Developments Outline: Outline: Current Developments
Tax Accounting Issues in the Retail Industry Outline: Retail Panel - Technical Material
The Timing of Deductions for Executory Service Contracts – Economic Performance, Prepayments and Severability Outline: The Timing of Deductions for Executory Service Contracts – Economic Performance, Prepayments and Severability

Tax Bridge to Practice

Nuts & Bolts Series: International Tax Enforcement: FBARs, FATCA, and more Slides: Nuts & Bolts Series: International Tax Enforcement - FBARS, FATCA, and more.
Nuts & Bolts Series: The Affordable Care Act and Employer Shared Responsibility Penalty Paper: Putting the Shared Responsibility Penalty Puzzle Together
Nuts & Bolts Series: The Affordable Care Act and Employer Shared Responsibility Penalty Slides: Putting the Shared Responsibility Penalty Puzzle Together Planning for 2015 Liability Measured By 2014 Operations
Nuts & Bolts Series: Trying Cases Before the Tax Court Slides: The Trial of the Tax Court Case

Tax Exempt Financing

Legislative, Treasury and Internal Revenue Service Update Agenda: Legislative, Treasury and Internal Revenue Service Updates
Tax and Bond Lawyers as “Municipal Advisors” for Purposes of the SEC Outline: What You Need to Know About the Municipal Advisor Rules

Tax Policy & Simplification

Do Inversions Matter? How Should Inversion Transactions Affect Our Thinking About U.S. International Tax Reform? Slides: Do Inversions Matter?
Corporate Tax Aggressiveness Outline: Corporate Tax Aggressiveness: Background Paper and Bibligraphy

Tax Practice Management

Planning for Disaster: Making Sure the Flood, Fire, Hurricane or Tornado Isn’t a Disaster for Your Practice Slides: Planning for Disaster: Making Sure the Flood, Fire, Hurricane or Tornado Isn't a Disaster for your Practice

Teaching Taxation

EITC: A More Complete Story of Error Rates, Compliance, and Recipients Slides: The Broken Safety Net
EITC: A More Complete Story of Error Rates, Compliance, and Recipients Outline: Reducing Overpayments in the Earned Income Tax Credit

Transfer Pricing

The OECD Discussion Draft and the Future of Transfer Pricing Documentation Paper: Key Points
The OECD Discussion Draft and the Future of Transfer Pricing Documentation Slides: The OECD Discussion Draft and the Future of Transfer Pricing Documentation
Transfer Pricing UTP Disclosures: Looking Back and Forward Slides: Transfer Pricing UTP Disclosures: Looking Back and Forward

US Activities of Foreigners & Tax Treaties

Meeting the Ethical Challenges of Inbound Controversies Supplement: Ethics and Inbound Tax Controversies
When Can You Actually Claim Treaty Benefits? Navigating the Thornier Issues of the Limitation on Benefits Article Slides: When Can You Actually Claim Treaty Benefits?