Friday, March 3 | Ronald Reagan Building (Washington, DC)
> Available for FULL registration and FRIDAY registration types.
> Friday programming is not available to stream online.
8:30 a.m. – 9:30 a.m. | Registration + Breakfast
9:30 a.m. – 10:30 a.m. | Floyd’s Panel: 2023 Tax 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 the tax policy outlook. They will review recently enacted legislation and its implementation, including potential regulatory guidance and technical corrections. They will also give their insights on the upcoming tax policy agenda and priorities for both political parties and discuss what legislation has the potential for enactment this year. They will also discuss the legislative and oversight objectives for their respective Congressional committees.
- Moderator: Jorge Castro, Member, Miller & Chevalier Chartered
- Moderator: Marc Gerson, Member, Miller & Chevalier Chartered
- Tom Barthold, Chief of Staff, Joint Committee on Taxation
- Jamie Cummins, Tax Counsel, U.S. Senate Committee on Finance (Minority Staff)
- Andrew Grossman, Chief Tax Counsel, U.S. House Committee on Ways and Means (Minority Staff)
- Sarah Schaefer, Chief Tax Advisor, U.S. Senate Committee on Finance (Majority Staff)
This session is not available for CLE/CPE Credit
11:00 a.m. – 12:00 p.m. | Views from the Corporate Tax Department: Perspectives on a Changing and Challenging Tax Landscape
The role of the in-house tax professional encompasses a broad array of operational, strategic, and cross-functional responsibilities within a company. Gaining insight into those dimensions will help all who interact with in-house professionals to have a more nuanced understanding about their work and environment in which they perform their duties. Our wide-ranging discussion, including your questions, will enable you to learn from the collective experiences of three senior and seasoned tax executives.
- Moderator: Eli Dicker, Tax Managing Director, National Markets, Crowe LLP
- Brian Kaufman, Vice President, Tax Audits & Litigation & Tax Counsel, Capital One
- Mike Masciola, Immediate Past, Vice President, Global Tax, ZeniMax Media Inc.
- Katrina Welch, Past International President, Tax Executives Institute and Immediate Past Tax Director, Gordon Food Service
This session is not available for CLE/CPE Credit
12:00 p.m. – 1:30 p.m. | Luncheon Program
Keynote Remarks by Tom West, Deputy Assistant Secretary, U.S. Department of the Treasury
Sponsored by KPMG LLP
1:30 p.m. – 2:30 p.m. | Ethics: Wrong Answers Only
“Wrong Answers Only” where we will work with audience members to develop the worst possible answer to ethics hypos.
- Moderator: Andrew Strelka, Counsel, Latham & Watkins LLP
- Nicole Elliott, Partner, Holland & Knight LLP
- Timothy McCormally, Acting Director, Office of Professional Responsibility, IRS, U.S. Department of the Treasury
- Lisandra Ortiz, Member, Miller & Chevalier Chartered
2:45 p.m. – 3:45 p.m. | Investing in the IRS of the Future
- Moderator: Natasha Sarin, Associate Professor, Yale Law School and Yale School of Management
- Nikole Flax, Commissioner, Large Business and International Division – IRA Planning Lead, IRS, U.S. Department of the Treasury
- Edward Killen, Commissioner, Tax Exempt and Government Entities Division, IRS, U.S. Department of the Treasury
- Bridget Roberts, Deputy National Taxpayer Advocate – Transformation Office Interim Lead, IRS, U.S. Department of the Treasury
4:00pm – 5:00pm | The Corporate Alternative Minimum Tax: What We Know, What De Don’t Know, and What to Expect
This panel will provide a high-level overview of the corporate alternative minimum tax (“CAMT”) – and discuss the guidance issued before the meeting. This panel will cover both policy and technical issues. Topics to be covered include scope determination and liability determination. Practical considerations with respect to the computation of adjusted financial statement income (“AFSI”) will also be discussed. The panel will spend time discussing the many open questions and possible approaches guidance may take.
- Moderator: Monisha Santamaria, Principal, KPMG LLP
- Eric Solomon, Partner, Steptoe
- Brett York, Deputy Tax Legal Legislative Counsel, U.S. Department of the Treasury
- Scott Vance, Associate Chief Counsel (Income & Accounting), IRS, U.S. Department of the Treasury
5:30 p.m. – 7:00 p.m. | Reception (Open to All Conference Attendees)
Presentation of the Kenneth H. Liles Award
Sponsored by Covington & Burling, Latham & Watkins LLP, and Tax Notes
Monday, March 6 | Streaming (Zoom Webinars)
> Available for FULL registration and VIRTUAL registration types.
> Monday programming is not available in-person.
11:00 a.m. – 12:00 p.m. | [HOT TOPICS] Getting Charged Up: An Update on Clean Energy Transactions and Energy Tax Incentives after the Inflation Reduction Act
This panel will discuss the current (as of 2023) landscape of energy tax credits as well as the future of technology-neutral “green” energy tax incentives going forward. The conversation will address current and pending guidance from the IRS as well as the Biden Administration’s recent Greenbook and how taxpayers can participate.
- Moderator: Amish Shah, Partner, Holland & Knight LLP
- Hannah Hawkins, Principal, KPMG LLP
- Brandon King, Associate, Wilson Sonsini Goodrich & Rosati
11:00 a.m. – 12:00 p.m. | [INTERNATIONAL] Current Developments in International Tax
This panel will discuss recent developments in international tax and will include a discussion of the proposed foreign tax credit regulations as well as FIRPTA developments.
- Moderator: Joe Calliano, Managing Director, Andersen
- Andrew Gordon, Special Counsel, Office of Associate Chief Counsel (International), IRS, U.S. Department of the Treasury
- Michael Miller, Partner, Roberts & Holland LLP
- Jeffrey Parry, Senior Counsel, Office of Chief Counsel, IRS, U.S. Department of the Treasury
- James Wang, Attorney-Advisor, Office of Tax Policy, U.S. Department of the Treasury
- Isaac Wood, Attorney-Advisor, Office of Tax Policy, U.S. Department of the Treasury
12:30 p.m. – 1:30 p.m. | [HOT TOPICS] Crypto Issues: Decrypting the Latest Developments and Enforcement Trends
This panel will discuss the latest cryptocurrency-related cases coming down, the docketed cases to watch, and expectations for future litigation in this space.
- Moderator: Sarah Paul, Partner, Eversheds Sutherland (US) LLP
- Don Fort, Director of Investigations, Kostelanetz & Fink LLP
- Carolyn Schenck, National Fraud Counsel and Assistant Division Counsel (International), IRS, U.S. Department of the Treasury
- Alex Shlivko, Senior Counsel, Office of Chief Counsel, IRS, U.S. Department of the Treasury
- Zhanna Ziering, Member, Moore Tax Law Group, LLC
12:30PM – 1:30PM | [INTERNATIONAL] Changes Abound for Transfer Pricing: A Look into the Future
This panel will discuss the potential implications of upcoming regulatory guidance, APMA developments, recent case law in the transfer pricing area, and enforcement on transfer pricing strategy for companies and their advisors. The transfer pricing landscape is changing. 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. IRS APMA is re-evaluating its MAP and APA programs, and trends from recent court rulings in the US and outside the US may portend the future transfer pricing prism. This panel will bring together key insights from the US Treasury, Internal Revenue Service, economics and private practice regarding transfer pricing issues facing taxpayers now and in the near future.
- Moderator: Richard Slowinski, Partner, Alston & Bird LLP
- Christopher Bello, Senior Counsel – International Tax, Office of Tax Policy, U.S. Department of the Treasury
- Stefanie Kavanagh, Senior Associate, Alston & Bird LLP
- Kate Kerrigan, Attorney, Office of Chief Counsel (International), IRS
- Niraja Srinivasan, Director, NERA Economic Consulting
2:00 p.m. – 3:00 p.m. | [HOT TOPICS] Partnerships and the Corporate Book Minimum Tax
This panel will be the other side of the coin to the corporate CAMT panel. The conversation will address the impact to partnerships of CAMT, for instance, the distributive share only rule. The panelists will also discuss pending, current, and expected guidance from the IRS.
- Moderator: Michael Kohler, Managing Director, Deloitte
- Richard Blumenreich, Attorney, Office of Chief Counsel, Internal Revenue Service, U.S. Department of Treasury
- Sarah Haradon, Attorney-Advisor, U.S. Department of the Treasury
- Gary Huffman, Parnter, Vinson & Elkins LLP
- Adam Nicholson, Partner, Deloitte & Touche LLP
- Monisha Santamaria, Principal, KPMG LLP
2:00PM – 3:00 PM | [INTERNATIONAL] The OECD Pillars: Buckle Up!
This panel will discuss the current state of the OECD Pillars. We will focus on the current state of Pillar One, including a deep dive into Amount B. The panel will also cover the implementation of Pillar Two in the European Union and beyond.
- Moderator: Joshua Odintz, Partner, Holland & Knight LLP
- Michael Plowgian, Deputy Assistant Secretary (International Tax Affairs), U.S. Department of the Treasury
- Loren Ponds, Member, Miller & Chevalier Chartered
- Danielle Rolfes, Partner, KPMG LLP
Tuesday, March 7 | Streaming (Zoom Webinars)
> Available for FULL registration and VIRTUAL registration types.
> Monday programming is not available in-person.
11:00 a.m. – 12:00 p.m. | [CORPORATE] CAMT and its Impact on Corporate Transactions
On August 16, 2022, the Inflation Reduction Act of 2022 (the “IRA”) was enacted into law. Among the most notable IRA provisions is a 15% corporate alternative minimum tax on corporations with book profits exceeding $1 billion effective for taxable years beginning after December 31, 2022 (the CAMT). This panel will provide a high-level overview of the new CAMT, which applies to tax years beginning after December 31, 2022, and will discuss preliminary observations and potential implications of the new tax. On December 27, 2022, Treasury released Notices 2023-7 and 2023-2 (the “Notices”). Notice 2023-7 provides initial guidance on the 15% corporate minimum tax on the book income of large corporations (the “CAMT”) that was included in the IRA. The CAMT Notice provides immediate guidance on time-sensitive areas of uncertainty, such as tax-free transactions that may give rise to financial statement income, and requests comments on over 30 specific interpretative issues. The panelists will discuss these and other corporate tax implications of the new CAMT regime, including issues relating to determining scope, and computing adjusted financial statement income. As practitioners and taxpayers have the opportunity to digest the new statute, it will be interesting to see what major issues arise, where clarification is needed, and what direction is provided by the IRS and Treasury in issuing implementation guidance.
- Moderator: Fred Murray, Special Counsel, IRS, U.S. Department of the Treasury
- Jeremy Aron-Dine, Attorney, Chief Counsel (Corporate), IRS, U.S. Department of the Treasury
- Mark Hoffenberg, Principal-in-Charge, KPMG LLP
- Kara Mungovan, Partner, Davis Polk & Wardwell LLP
- Brett York, Deputy Tax Legal Legislative Counsel, U.S. Department of the Treasury
11:00 a.m. – 12:00 p.m. | [PROCEDURE] “Challenging” Times: The State of APA Litigation in Tax Cases
The panelists will review the basics of the Administrative Procedure Act (“APA”), identify the kinds of Treasury and IRS actions which are subject to APA challenge, and the types of procedurals challenges which can be brought. We will also review recent decisions impacting the IRS’s authority to issue guidance without APA notice and comment, significant pending cases and relevant non-tax administrative cases. We will also consider what the future of APA will look like and discuss practical approaches to ensuring that APA challenges are buttressed and preserved.
- Moderator: Sarah Raben, Associate, McDermott Will & Emery
- Ed Froelich, Of Counsel, Morrison & Foerster LLP
- Brian Gardner, Partner, Asbury Law Firm
- Michelle Levin, Shareholder, Dentons
12:30 p.m. – 1:30 p.m. | [CORPORATE] Excise Tax on Stock Repurchases
The other main revenue raiser in the IRA was a new excise tax on stock repurchases. New section 4501 imposes on each “covered corporation” a tax equal to 1% of the FMV of any stock of the corporation that is “repurchased” during the tax year, net of stock issued or provided to employees during the tax year and subject to certain exceptions. On December 27, 2022, Treasury released Notice 2023-2, which provides initial guidance on the excise tax. The Notice provides immediate guidance on time-sensitive areas of uncertainty, such as how to compute the excise tax base and the treatment of tax-free transactions, and requests comments on over 30 specific interpretative issues. This panel will discuss the new excise tax and the preliminary guidance provided by the Notice, including the scope of the tax and its impact on various transactions. Following the session, attendees will understand statutory changes imposing a new excise tax on stock repurchases, discuss guidance implementing the tax, and be able to apply this information in pending corporate transactions.
- Moderator: Lisa Zarlenga, Partner, Steptoe & Johnson LLP
- Colin Campbell, Attorney-Advisor, U.S. Department of the Treasury
- Joseph Pari, Partner, Weil, Gotshal & Manges LLP
- Samuel Trammell, Assistant to the Branch Chief, Chief Counsel (Corporate), IRS
- Thomas Wood, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
12:30 p.m. – 1:30 p.m. | [PROCEDURE] Digital Discovery: A View from Bench and Bar
- Moderator: S. Starling Marshall, Partner, Crowell & Moring LLP
- Hon. Ronald Buch, U.S. Tax Court
- Angela Reynolds, Special Trial Attorney, IRS, U.S. Department of the Treasury (Invited)
- Josh Schneider, Associate, Mayer Brown LLP
- Hon. Christian Weiler, U.S. Tax Court
2:00 p.m. – 3:00 p.m. | [CORPORATE] Recent Developments in Corporate Tax
- Moderator: Bill Alexander, Of Counsel, Skadden, Arps, Slate, Meagher & Flom LLP
- Austin Diamond-Jones, Senior Technician Reviewer, Chief Counsel (Corporate), IRS, U.S. Department of the Treasury
- Scott Levine, Partner, Jones Day
- Olivia Orobona, Principal, PwC
2:00 p.m. – 3:00 p.m. | [PROCEDURE] Navigating Proposed Changes to the IRS Independent Office of Appeals
This panel will focus on recent updates at the IRS Independent Office of Appeals. The panelists will discuss the proposed IRS Appeals Treasury Regulation and Interim Guidance and how it may impact taxpayers. The panelists also will discuss the return to office post-pandemic and ongoing changes as a result of COVID-19 to IRS Appeals operations. The panel will discuss how the IRS Appeals office is working to reduce backlog of docketed cases. Lastly, the panelists will discuss IRS Exam participation in the IRS Appeals process and at Appeals conferences.
- Moderator: Carina Federico, Partner, Crowell & Moring LLP
- Elizabeth Askey, Deputy Chief, Independent Office of Appeals, IRS, U.S. Department of the Treasury (Invited)
- Matthew Cooper, Managing Director, Deloitte
- Andy Keyso, Chief, Independent Office of Appeals, IRS, U.S. Department of the Treasury (Invited)
- Lisandra Ortiz, Member, Miller & Chevalier Chartered