Thursday, March 3 | Ronald Reagan Building & International Trade Center
In-Person Participation Only – No Streaming

10:00 a.m. – 11:00 a.m.| Floyd’s Panel: Legislative Update
Senior staff from the House Committee on Ways and Means, the Senate Committee on Finance and the Joint Committee on Taxation will provide their perspectives on current tax policy developments in Congress. In addition to discussing pending legislative proposals, they will give their insights on the policy outlook in the House and Senate for the remainder of 2022. They will also discuss the tax priorities for their respective Congressional committees.

  • Jorge Castro, Member, Miller & Chevalier Chartered (Moderator)
  • Marc Gerson, Member, Miller & Chevalier Chartered (Moderator)
  • Courtney Connell, Senior Tax Counsel (Minority), Committee on Finance, U.S. Senate
  • Andrew Grossman, Chief Tax Counsel (Majority), Committee on Ways and Means, U.S. House of Representatives
  • David Lenter, Senior Legislation Counsel, Joint Committee on Taxation
  • Christopher Arneson, Senior Tax Policy Advisor (Majority), Committee on Finance, U.S. Senate
  • Derek Theurer, Chief Tax Counsel (Minority), Committee on Ways and Means, U.S. House of Representatives

11:30 a.m. – 12:30 p.m. |  Cryptocurrency and Blockchain Technologies: An Industry Perspective

The incorporation of rapidly evolving cryptocurrency and blockchain technologies into the mainstream economy has undergone a substantial recent acceleration.  Consistent with that trend, the infrastructure bill passed into law last year added a definition of “digital assets” to the Internal Revenue Code and expanded information reporting for transactions in cryptocurrency is on the horizon.  Meanwhile, compliance challenges remain a focus of significant attention for industry, taxpayers and the government with a number of regulatory agencies working to apply existing legal frameworks to these emerging technologies.  This panel will provide a roundtable, industry-focused discussion of the broad range of tax and other regulatory issues raised by transactions in cryptocurrency.

Learning Objectives

  1. Understand how blockchain technologies are playing an increasingly important role in the mainstream economy.
  2. Identify challenges in applying existing tax and other regulatory regimes to transactions in cryptocurrency.
  3. Evaluate legislative and regulatory approaches to addressing compliance challenges presented by transactions in cryptocurrency.
  • Robert Russell, Counsel, Kostelanetz & Fink, LLP (Moderator)
  • Liz Chien, Head of Global Tax, Protocol Labs
  • Ari Redbord, Head of Legal and Government Affairs, TRM Labs
  • Jamison Sites, Blockchain/Digital Assets Tax Lead, RSM US LLP

2:30 p.m. – 3:30 p.m. | Global and U.S. Tax Reform Update

This panel will discuss the status of the OECD’s work on Pillar One and Pillar Two with a specific focus on its interaction with current U.S. rules and proposed U.S. tax reform.  The panel will first describe the Pillar 2 model rules and commentary, the Pillar 1 discussion drafts that are expected to be released.  The panel will then consider how the rules will interact with the current U.S. tax rules and the possible impact on the BEPS project if the United States does not enact tax reform in 2022.

Learning Objectives

  1. Understand the status of the OECD’s work on Pillar One and Pillar Two
  2. Understand the implications for U.S. multinationals and foreign multinationals with operations in the United States
  3. Understand the interaction between the OECD’s work and proposed U.S. tax reform
  • Marissa Rensen, Managing Director, KPMG LLP (Moderator)
  • Itai Greenberg, Deputy Assistant Secretary for Multilateral Tax, Office of Tax Policy, U.S. Department of Treasury (Invited)
  • Jesse Eggert, Senior Advisor to the Director, Tax Challenges of Digitalization, OECD (Invited)
  • Robert Stack, Managing Director, Deloitte Tax, LLP
  • Irina Pisareva, Partner, Crowell & Morning LLP

4:00 p.m. – 5:00 p.m. | Ethics and the Federal Tax Practice
This panel will discuss a variety of ethical questions and how they apply in the federal tax arena with a focus on conflicts of interest, due diligence, and client confidentiality. Examples of specific areas that the panelists will cover include, among others, practice in a hybrid work environment, considerations under the BBA partnership audit rules, and issues when involved in a Kovel arrangement.

Learning Objectives

  1. Learn how Circular 230 and the ABA model rules apply to a tax practitioner’s everyday tax practice.
  2. Understand ethical rules such as conflicts of interest, due diligence, and client confidentiality.
  3. Discuss various hypotheticals and how tax practitioners need to apply these rules to practicing in a hybrid work environment, representing a BBA partnership, and participating in a Kovel arrangement.
  • Fred Murray, Special Counsel, Office of Chief Counsel, IRS (Moderator)
  • Jennifer Auchterlonie, Branch Chief, Office of Chief Counsel (P&A), IRS
  • Matthew Cooper, Managing Director, Deloitte Tax LLP
  • Sharyn Fisk, Director, Office of Professional Responsibility, IRS
  • Guinevere Moore, Managing Member, Moore Tax Law Group

Friday, March 4 | Online Virtual Platform
Virtual Participation Only – No In-Person Attendance

9:30 a.m. – 10:30 a.m. ET| Concurrent CLE Panels

Enforcement & Criminal | State of IRS: Criminal Investigation

What does IRS: Criminal Investigation (IRS:CI) do and who are they investigating? This panel will provide a general overview and update on IRS:CI and its efforts in criminal tax enforcement. IRS:CI will describe its role, functions, and the current state of the IRS:CI enforcement program. IRS:CI will highlight new and ongoing criminal tax enforcement actions, programs, and initiatives. Finally, panelists will discuss implementation of criminal tax investigations, prosecution recommendations and declinations.

Learning Objectives:

  1. General overview of IRS:CI, including its offices/functions, staffing/resources, major programs, etc.
  2. New and ongoing IRS:CI criminal enforcement programs and initiatives.
  3. Understand the process of a criminal tax investigation initiation, prosecution recommendation, and acceptance/declination.
  • Sandra R. Brown, Principal, Hochman Salkin Toscher Perez P.C. (Moderator)
  • Elizabeth C. Hadden, Deputy Division Counsel/Deputy Associate Chief Counsel, Office of Chief Counsel (CT), IRS
  • James C. Lee, Chief, Criminal Investigation (CI), IRS

Partnerships & Passthroughs | Partnership Debt Allocations: Balancing Administrative Convenience v. Guard Rails
This panel will discuss partnership debt allocation issues beginning with the basics and ending with a discussion of recent developments. The panelists, both private and government practitioners will discuss the basics of section 752 (including recent regulations and practical issues arising thereunder), debt allocations as they relate to debt-financed distributions, and recent regulatory developments and litigated cases.

Learning Objectives

  1. Discuss basis for debt and section 752 partnership debt allocation rules.
  2. Discuss the interaction of section 752 and the debt financed distribution rules under the section 707 disguised sale rules.
  3. Discuss section 752 and section 707 regulatory developments as well as litigated cases.
  • Andrea Whiteway, Principal, Ernst & Young LLP (Moderator)
  • Robert J. Crnkovich, Special Counsel, Office of Chief Counsel (Passthroughs & Special Industries), IRS
  • Grace Kim, Principal, Grant Thorton LLP

Tax Accounting | Current Developments

This panel will review recent developments in the area of tax accounting since the last FBA tax law conference held virtually last March. The panel will discuss ongoing projects and anticipated guidance, with commentary and input from private practitioners as well as the Internal Revenue Service. Areas of focus will include, but are not limited to:

Learning Objectives:

  1. A discussion of Rev. Proc. 2022-9, the recent small business taxpayer accounting method change procedural guidance,
  2. An evaluation of the recent LB&I directive regarding FAA 20214101F, its changes to the requirements to claim R&E refunds and its implications to taxpayers, and
  3. An overview of Rev. Proc. 2022-14, the latest update to the list of accounting method changes that are available automatically.
  • Ellen McElroy, Partner, Eversheds Sutherland US LLP (Moderator)
  • Ryan Corcoran, Partner, RSM US LLP
  • Robert J. Kovacev, Partner, Norton Rose Fulbright US LLP
  • Anna W. Gleysteen, Office of Chief Counsel (ITA)
  • Karla Meola, Special Counsel, Office of Chief Counsel (ITA), IRS

11:00 a.m. – 12:00 p.m. | Concurrent CLE Panels

Domestic Corporate | Recent Developments in Corporate Tax

This panel will discuss recent developments in corporate tax, including any legislative or regulatory developments and relevant cases or rulings. The panel will also introduce the use of SPACs in mergers and acquisitions, a discussion that will continue in the next panel.

Learning Objectives:

  1. Understand recent statutory and regulatory changes impacting subchapter C
  2. Apply information learned from this panel to pending transactions
  3. Become informed on the use of SPACs in corporate acquisitions
  • William D. Alexander, Of Counsel, Skadden, Arps, Slate, Meagher & Flom LLP (Moderator)
  • Robert H. Liquerman, Special Counsel, Office of Chief Counsel (CORP), IRS
  • Joseph M. Pari, Partner, Weil Gotshal & Manges LLP
  • Lisa M. Zarlenga, Partner, Steptoe & Johnson LLP

Tax Accounting | Current Issues on the Capitalization of Transaction Costs

The panel will focus on the Guidance Plan topic regarding the treatment of capitalized costs for Section 355 distributions and certain other costs under Treas. Reg. Section 1.263(a)-5(a).  The panel will discuss the current regulations and rules regarding capitalization of costs that facilitate certain types of transactions as well as question unaddressed by those rules.  The panel will also review LB&I’s approach to certain issues as reflected in the LB&I Campaign and LB&I Transaction and Practice Units issued with respect to transaction cost treatment.  Finally, the panel the potential for certain open issues to be resolved in the pending guidance.

Learning Objectives

  1. Understanding the current rules for capitalizing facilitative transaction costs
  2. Understanding the open issues, and alternative arguments, regarding the capitalization of facilitative transaction costs
  3. Understanding what issues might be addressed in the pending guidance and different approaches to resolving those issues
  • George Hani, Member, Miller & Chevalier Chartered (Moderator)
  • Annette Ahlers, Managing Director, Andersen Tax LLC
  • Mary Duffy, Managing Director, Andersen Tax LLC
  • Kelton Frye, Attorney, Office of Chief Counsel (CORP), IRS
  • Feliz Serbes, Branch Chief, Office of Chief Counsel (CORP), IRS

Tax Practice & Procedure | Testing Guidance under the Administrative Procedures Act

This panel will discuss recent and pending litigation, including temporary regulation cases such as those involving section 245A, the CIC Services case, currently on remand to the United States District Court, Eastern District of Tennessee, as well as recent non-tax APA cases.  The panelists will also discuss the APA statutory framework and requirements for agency rule-making and exceptions to those requirements.  The panel will explore how Treasury and the IRS implement the requirement of the APA in their regulatory and sub-regulatory guidance.

Learning Objectives:

  1. Provide an overview of the Administrative Procedures Act.
  2. Review pending APA litigation, including the CIC Services case, 245A cases, FedEx and Hewitt, and non-tax cases.
  3. Learn how Treasury and the IRS implement the APA in regulatory and other guidance contexts.
  • Edward L. Froelich, Of Counsel, Morrison & Foerster LLP (Moderator)
  • David Foster, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
  • Adrienne E. Griffin, Branch Chief, Branch 2, Office of Chef Counsel (P&A), IRS
  • Joseph Judkins, Partner, Baker McKenzie

12:30 p.m. – 1:30 p.m. | Concurrent CLE Panels

Domestic Corporate | Cross-Border M&A Developments

This panel will discuss recent developments in cross-border mergers and acquisitions, including any legislative or regulatory developments that may impact cross-border deals. The panel will focus on how certain provisions, such as sections 245A and 367, are implicated in such transactions. Finally, the panel will explore the use of SPACs in cross-border acquisitions.

Learning Objectives

  1. Understand how certain provisions can be implicated in cross-border deals
  2. Understand the implications of recent developments in the cross-border M&A area
  3. Understand how SPACs are used to facilitate cross-border deals
  • Joseph Calianno, Managing Director, Andersen Tax LLC (Moderator)
  • Amie Colwell Breslow, Of Counsel, Jones Day
  • William Dixon, Managing Director, Citigroup Global Markets, Inc.
  • Laura Williams, Branch Chief, Branch 4, Office of Chief Counsel (INTL), IRS
  • Brenda Zent, Associate International Tax Counsel, U.S. Department of Treasury

International | Transfer Pricing: What Is On The Transfer Pricing Horizon

The transfer pricing landscape is facing unprecedented changes in terms of new rules, increased controversies, additional dispute resolution tools, business and operational shifts and other facets.  For example, the Treasury and IRS Priority Guidance Plan indicates significant focus on developing regulations on important concepts, including, for example, aggregation, realistic alternatives, group membership and financial transactions.  Recent court rulings reflect certain trends which taxpayers should evaluate in setting their transfer pricing strategy.  This panel will bring together key insights from the US Treasury, Internal Revenue Service, in-house, economics and private practice to dissect transfer pricing issues facing taxpayers now and in the near future.

Learning Objectives

  1. Understand the important transfer pricing regulatory items on the IRS Priority Guidance Plan
  2. Evaluate how trends from recent transfer pricing cases may portend future legal and economic approaches
  3. Learn how taxpayers can maximize the APA and MAP processes, adopt best practices and avoid pitfalls
  4. Understand the approaches to address the impact and scope of COVID-19 on transfer pricing
  5. Understand the potential interaction between concepts associated with the OECD’s Pillar One and US transfer pricing
  • Christopher Bello, Senior Counsel, Office of the International Tax Counsel, Office of Tax Policy, US Department of Treasury
  • John Hughes, Director, Advance Pricing and Mutual Agreement Program, Internal Revenue Service
  • David Paul, Chief Tax Counsel & Division Head, Tax Affairs Division, American Honda Motor Co., Inc.
  • Niraja Srinivasan, Director, NERA Economic Consulting
  • Richard Slowinski, Partner, Alston & Bird LLP

Tax Practice & Procedure | Partnership Examinations Under the New Rules

Congress enacted the partnership audit rules as part of the Bipartisan Budget Act of 2015 (BBA) to make it more efficient for the IRS to audit partnerships.  At the time BBA was enacted, most partnerships were not subject to audit. The BBA rules generally went into effect in 2018 and the first IRS examinations under these rules began in 2019.  In October 2021 the IRS began its Large Partnership Compliance (LPC) initiative to examine large partnerships using data analytics and risk analysis similar to its program for examining large corporations.  Also in October 2021, the IRS released Internal Revenue Manual procedures that govern BBA partnership audits.  With the IRS’s increased emphasis on partnership audits, many partnerships may experience their first audit under these new rules soon.  This panel will review the BBA examination process and discuss the implementation and scope of the LPC initiative.  The panelists will also discuss the current IRS and practitioner experience in BBA audits and tips for familiarizing yourself for these types of audits.

Learning Objectives

  1. Review the examination process under BBA.
  2. Discuss the implementation and scope of large partnership compliance audits.
  3. Discuss the current experience to date from both the IRS and practitioner perspective.
  • Rochelle Hodes, Principal, Crowe LLP (Moderator)
  • John Carbone, Senior Revenue Agent/Subject Matter Expert, Pass-through Entities Practice Area (LB&I), IRS
  • Adrienne Cooper, Team Manager, Pass-through Entities Practice Area (LB&I), IRS
  • Lauren Troderman, Team Manager, Pass-through Entities Practice Area (LB&I), IRS
  • Gregory Armstrong, Director, KPMG LLP
  • Lee Meyercord, Partner, Holland & Knight

2:00 p.m. – 3:00 p.m. | Concurrent CLE Panels

Enforcement & Criminal | Technology’s Impact on Criminal Tax Enforcement: IRS Cybercrimes 2022

How does emerging technology impact tax administration and enforcement? This panel will provide an overview of the recently reorganized IRS: Criminal Investigation’s Cyber and Forensic Services (IRS:CI-CFS). Panelists will describe the role, function, and program of IRS:CI-CFS, including current trends in criminal tax cybercrimes enforcement and virtual currency. Hot topics include, e.g., built-in obfuscation techniques (advanced wallets with mixing capabilities, cross-chain transactions); non-fungible tokens (NFTs) and illicit fund laundering; money mules and crypto-kiosks; crypto hacks/thefts; and other emerging trends. Panelists will discuss how these issues impact tax investigations and prosecutions.

Learning Objectives:

  1. Role and functions of IRS:CI-CFS.
  2. Emerging technology trends and issues in cybercrimes tax enforcement.
  3. How do the emerging trends impact criminal tax investigations and prosecutions
  • Lawrence A. Sannicandro, Partner, McCarter & English, LLP (Moderator)
  • Michael Boteler, Assistant Chief, Criminal Enforcement Section-Southern, Tax Division, U.S. Department of Justice
  • Jarod J. Koopman, Acting Executive Director, Cyber and Forensic Services / Director, Cyber Crime (CI), IRS
  • Travis W. Thompson, Associate, Sideman & Bancroft LLP (Invited)

Tax Practice & Procedure | Remote Audit and Litigation Tools, Now and in the Future

This panel will discuss the current remote audit and Appeals practices with a focus on the IRS development of virtual audit tools.  The panelists will also explore virtual litigation rules, procedures, and practice, particularly as they relate to cases before the U.S. Tax Court.  During this panel, attendees will learn about IRS, Tax Court, and District Court procedures for virtual proceedings and communications between the IRS and taxpayers during COVID-19.  What can you expect when working on an audit with the IRS?  What is the best way to prepare witnesses and conduct depositions remotely and use technology effectively?  Discover best practices and tips for adapting to remote audit proceedings and litigation.

Learning Objectives

  1. Provide an overview of the current remote audit and Appeals practices.
  2. Learn about the IRS development of virtual audit tools.
  3. Discuss the virtual litigation rules and the procedures before the U.S. Tax Court.
  • Carina C. Federico, Counsel, Crowell & Moring (Moderator)
  • Rachel Borden, Special Trial Attorney, Office of Chief Counsel (LB&I), IRS
  • Michael Wallace, Enrolled Agent, Agostino & Associates, P.C.
  • Jason B. Freeman, Founder, Freeman Law

Employee Benefits & Exec Comp | Hot Topics in Employee Benefits

Our distinguished group of panelists from the government, industry, and private practice will discuss the latest trends in legislative and regulatory developments in employee benefits. The discussion will include topics related to implementing the Consolidated Appropriations Act, the American Rescue Plan and the Setting Every Community Up for Retirement Enhancement Act. The panelists will discuss both the substance of the new rules, and practical approaches to implementing any new rules or guidance. The panel will wrap with a discussion of outstanding issues and predictions for 2022.

Learning Objectives

  1. Familiarize participants with the latest legislative and regulatory proposals and open issues for 2021 and beyond
  2. Discuss compliance issues on the latest legislative and regulatory proposals
  3. Understand open issues beyond the current proposals
  • Chantel Sheaks, Vice President, U.S. Chamber of Commerce (Moderator)
  • Eric Field, Senior Counsel, Akin Gump Strauss Hauer & Feld LLP
  • Cheryl Hughes, Principal, Mercer
  • Kevin Knopf, Senior Technician Reviewer, Health and Welfare Branch, Office of the Associate Chief Counsel, Office of Chief Counsel (EEE), IRS
  • Rachel Leiser Levy, Associate Chief Counsel, Office of Chief Counsel (EEE), IRS (Invited)

3:30 p.m. – 4:30 p.m. | Concurrent CLE Panels

Employee Benefits & Exec Comp | Hot Topics in Executive Compensation

Our distinguished group of panelists from the government and private practice will review recent guidance issued by the IRS affecting executive compensation and will look ahead to likely developments in the coming year. Panelists will examine the various legislative proposals that could have an impact on executive pay and will discuss the priorities of the Treasury Department and IRS for future guidance.

Learning Objectives:

  1. Familiarize participants with the latest legislative and regulatory proposals and open issues for 2021 and beyond
  2. Discuss compliance issues on the latest legislative and regulatory proposals
  3. Understand open issues beyond the current proposals
  • Lynne Camillo, Chief, Employment Tax Branch 2, Office of the Associate Chief Counsel, Office of Chief Counsel (EEE) IRS (Moderator)
  • Colleen Hart, Partner, Proskauer Rose LLP
  • William McNally, Attorney, Executive Compensation Branch, Office of the Associate Chief Counsel, Office of Chief Counsel (EEE) IRS
  • John Richards, Senior Technician Reviewer, Executive Compensation Branch, Office of the Associate Chief Counsel, Office of Chief Counsel (EEE), IRS
  • Seth Safra, Partner, Proskauer Rose LLP

Enforcement & Criminal | Hot Topics: IRS Enterprise Compliance Initiatives

What are the IRS’s most significant compliance and enforcement priorities and initiatives? This program will provide an overview of recent civil and criminal IRS Enterprise Compliance Programs. Panelists will describe their respective offices, goals, programs and initiatives, and recent highlights. The panel will introduce the newly formed IRS Office of Promoter Investigations, which is tasked with identifying new and emerging potentially abusive transactions and promoters before harming the tax system. Panelists will also discuss the more-recently formed IRS Office of Fraud Enforcement and the IRS: Criminal Investigation Global Operations Policy & Support.

Learning Objectives:

  1. General overview of three significant civil and criminal IRS Enterprise Compliance Initiatives/Programs.
  2. Overview of IRS Office of Promoter Investigations, including organization/structure, goals, programs, and initiatives.
  3. Overview of IRS Office of Fraud Enforcement, including organization/structure, goals, programs, initiatives, and recent highlights.
  4. Overview of IRS: Criminal Investigation Global Operations Policy & Support, including organization/structure, goals, programs, initiatives, and recent highlights.
  • Steven Toscher, Attorney, Hochman Salkin Toscher Perez P.C. (Moderator)
  • Lois E. Dietrich, Director, Office of Promoter Investigations, (SB/SE), IRS
  • Guy A. Ficco, Executive Director, Global Operations Policy & Support (CI), IRS
  • Damon Rowe, Director, Office of Fraud Enforcement (SB/SE), IRS
  • Michelle F. Schwerin, Shareholder, Capes, Sokol, Goodman, & Sarachan, P.C. (Invited)

International | U.S. International Tax Developments
This panel will focus on U.S. international tax developments.  In particular, the panel will focus on foreign tax credits.  The panel will discuss select issues from recently issued foreign tax credit regulations.

Learning Objectives

  1. Provide an overview of recently-issued U.S. international tax regulations.
  2. Discuss select issues arising from the recently-issued regulations.
  3. Understand the implications for U.S. multinationals and foreign multinationals with operations in the United States
  • Jorge M. Oben, Attorney , IRS Office of Chief Counsel (INTL) (Moderator)
  • Michael Caballero, Partner, Covington & Burling LLP
  • Martin Milner, Principal, EY
  • Teisha M. Ruggiero, Attorney, IRS Office of Chief Counsel (INTL) (Invited)
  • Isaac Wood, Attorney-Advisor, Office of Tax Policy, U.S. Department of the Treasury (Invited)