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eNews Taxation
 
In this Edition
 
On the Record
As state tax cases are litigated over the next few years, particularly those growing out of the new statutes put in place to derail perceived abuses, perhaps judges will provide some guidance to advisors on the parameters of permissible tax planning. Until then, lawyers need to proceed cautiously, and to expect that someday a judge may be reviewing any opinion written in the light of standards not yet clarified and legal precedent not yet issued."
>>Excerpted from The State and Local Tax Lawyer, 2006 Symposium Edition, “How Can Advisors Provide Useful Opinion Letters in the Absence of Uniform Statutory Rules and Uniform Application of Common Law Doctrines?” by Hollis L. Hyans and Amy F. Nogid.
 
MyABA
Edit your member profile at MyABA. Your User Name is your eight-digit ABA ID number and your default password is your last name. You can change your password, or any other demographic information, once you have logged in at MyABA.
 
American Bar
Endowment

abe.jpgThe American Bar Endowment (ABE) offers quality insurance plans and charitable giving opportunities for Taxation Section members.

 
ABA MEMBER ADVANTAGE

image: member advantage logoMember Advantage: A benefit of ABA membership.

MEETING HIGHLIGHTS

May Meeting2008 May Meeting
Grand Hyatt, Washington, DC, May 8-10, 2008

Don’t miss the Section’s largest annual CLE meeting, featuring more than 100 CLE programs on topical issues in tax law. Panels feature the country’s leading tax attorneys and government officials examining the latest federal tax policies, initiatives, regulations and guidance.
Register here
for the May Meeting.
Meeting Highlights include:
  • IRS Commissioner Douglas Shulman delivers Keynote Address and M. Carr Ferguson, Jr. receives Distinguished Service Award at Plenary Breakfast, Friday, May 9, 7:15 a.m.
  • Latest Developments in FIN 48 and Tax Reporting, Friday, May 9, 2:30 p.m.
  • Recent Corporate Tax Developments, Saturday, May 10, 8:30 a.m.
  • Civil Penalties: Have we Come Full Circle?, Saturday, May 10, 10:45 a.m.
  • Preparer Standards and Ethical Issues Concerning Prior Year Returns, Saturday, May 10, 3:35 p.m.

Also: Updates from the Tax Court, IRS, Treasury, Capitol Hill and many additional panels. For a complete program, click here.

 
Note: Written materials from Section meetings are available at our online searchable archive, Thoughtful Insights, Useful Analysis. If you miss any of the Section meetings and would like audio copies, you may order them on tape, CD, or mp3 files through Digital Conference Providers website or by calling 630.963.8311.  
 
CLE HIGHLIGHTS  
"Last Wednesday" CLE Teleconference: April 30, 2008 - 1:00-2:30 PM (EST)
ETHICS CREDIT AVAILABLE!
 

"You May Be a Tax Return Preparer and Not Know It: The Latest on the New Return Preparer Standards and Proposed Regulations"

Panelists will discuss proposed Tax Return Preparer regulations, including how regulatory tests and operating rules may differ from earlier interim guidance. Also under discussion will be how the new standards work, steps needed to comply with the standards in different contexts, and the relationship of new Section 6694 to Circular 230’s ethics rules governing practice before the Internal Revenue Service.

 

Speakers:

 
  • Fred F. Murray, Grant Thornton LLP, Washington, DC (Moderator)
  • Deborah A. Butler, Associate Chief Counsel (Procedure & Administration), Office of Chief Counsel, IRS, Washington, DC
  • Michael J. Desmond, Tax Legislative Counsel, Office of Tax Policy, U.S. Department of Treasury, Washington, DC
  • Rochelle Hodes, PricewaterhouseCoopers LLP, Washington, DC
  • Phillip A. Pillar, Greenberg Traurig LLP, Philadelphia, PA

Click here to register.

 

 

Mark your Calendar for the Next "Last Wednesday" Teleconference “Update on Recent State Tax System Reforms (Case Studies: Ohio, Texas and Michigan)” - May 28, 2008

 

 
7th Annual NC/SC Bar Tax Section Workshops
Kiawah Island Golf Resort, Kiawah Island, SC, May 23-25, 2008

This year’s NC and SC Bar Tax Section Workshops will present 8.5 hours of top-notch CLE covering a range of North Carolina and South Carolina state tax as well as federal tax topics, including: Advanced Issues in Mergers and Acquisitions; Current Developments in Federal Tax Controversy; Tax Complexities of Conservation Easements; Advanced 1031 Like-Kind Exchange Issues; and State of the Art -- 409A. Designed for advanced-level and seasoned tax lawyers and practitioners, the CLE sessions will be held in the mornings only leaving the afternoons free for attendees to network and enjoy the destination. The ABA Tax Section is a new cosponsor of this program through its “Tax CLE on the Road” outreach effort. To view the complete agenda and register, click here

 

 
Miami SkylineU.S. - Latin American Tax Planning Strategies Conference
InterContinental Hotel, Miami, FL, June 11-13, 2008

This two-day conference is designed for a wide range of practitioners, professionals, and in-house international tax personnel. Panels will address the key tax issues for U.S. and Latin American companies doing business in Latin America. In addition, a special Wealth and Asset Planning Workshop the day before will focus on tax issues arising at the time of transfer of assets from Latin America into North America and Europe. Click here to register.

 
 
NEW GOVERNMENT SUBMISSIONS  
The Tax Section routinely sends technical comments to federal agencies considering changes in tax regulations, revenue rulings, etc. Recent technical comment submissions include:  

  >>  Comments on Proposed Regulations Concerning Consequences of Certain Mergers under          Section 704(c)(1)(B) and 737 (04/08)
  >>  Comments on Proposed and Temporary Regulations Under Code Section 368(a)(1)(D)          (04/08) 
  >>  Comments on the 2007 Amendment to Section 6694 Preparer Penalty (04/08)

 
RSS Feed Government Submissions RSS News Feed (What is RSS? )  
 
SECTION NEWS  
Message from a Tax Section Sponsor
 


Thomson West is proud to be a new primary sponsor of the ABA Section of Taxation.

We are excited about this chance to contribute to the educational and professional activities of the Section and its members.

Thomson West invites you to stop by and talk to us at our booth at the May Meeting.
We’d like to hear how we can serve you better. And, of course, we’d be happy to discuss any of our hundreds of tax-related products with you; you may find that they could save you time and work – while helping you get better results.

 
Logos
A Primary Sponsor of the ABA Section of Taxation
 

 
TaxIQ LogoTaxIQ is the Section’s new name for what used to be Comm-Online: a central online resource for all of our meetings and CLE materials and committee work products. Section meeting materials are now available by clicking Thoughtful Insights, Useful Analysis.
 

 
Job Locator Service  
Our new online job locator service lists many available tax opportunities around the country. If you or someone you know is looking for a job, please send them to the site; if you would like to post open positions, please click here, and fill out the questionnaire listing the name of the firm and describing the responsibilities of the position.  
 
SPOTLIGHT ON COMMITTEES: REAL ESTATE  
Members: 280 | Subcommittees17
Leadership
: Chair - Kevin J. Thomason; Last Retiring Chair - James Lowy
Committee Webpage: Click Here | Listserv eMail Address: Tax-RealEstate@mail.abanet.org

 
Most Recent Panels: 2008 Midyear Meeting January 17-19
>> “Just What is 'Real Property' for Tax Purposes?”
>> “REIT Liquidations”
>> “Hot Planning Techniques Involving Leases” panel paper | audio discussion
 
To order additional audio tapes from the 2008 Midyear Meeting and other committee meetings, contact Digital Conference Providers 630-963-8311 or https://www.dcporder.com/abatx/

 

Upcoming Panels: May Meeting May 8-10, 2008.
>> “The Issue Du Jour I - Real Estate Workouts from a Debtor Perspective”
>> “Triggering Real Estate Losses"
>>
“Moving Out? The Tax Issues of a Vacating Tenant”
>> “Sovereign Investor Funds”

 
 
JOIN A COMMITTEE  
Sign me up! Use myABA to select one or more committees and to check your current committee memberships.

Connect with professionals in your practice area by joining one of the Section’s more than 40 Committees.  Committee membership provides opportunities to contribute to government comment projects on regulations and rules, and to participate in top-level CLE programming.  Be as active as your time permits – join as many committees as interest you.  But don’t miss out on valuable information in your practice areas. Sign up to join a committee


 
Questions about committees or committee membership? Contact the Section at tax@abanet.org  

 
PUBLICATIONS  
THE STATE AND LOCAL TAX LAWYER
2006 SYMPOSIUM EDITION Volume 11, No. 2
SALT image>> Framing the Issues: Historical Context, Current Debate, and
     Relevant Income and Nonincome Tax Considerations

     by J. Alexander Meleney
>>
The Flexible and Uncertain Line Between Legal Tax Planning and
     Illegal Tax Shelters
     by Joe Huddleston and Frank Katz
>>
Tax Planning and Tax “Sheltering”: Is It More than a Word Game?
     by Peter L. Faber
>>
A Critique of Current State Tax Shelter Laws
     by Marilyn A. Wethekam
>>
Optimizing Tax Administrators’ Resources in Addressing Abusive Tax Shelters
     by Nonie Manion, Mike Duffel, and Michael B. Infantino

>>
State Strategies for Dealing with Tax Sheltering and Planning
     by Harley Duncan and William F. Fox
>>
How Can Advisors Provide Useful Opinion Letters in the Absence of Uniform Statutory Rules      and Uniform Application of Common Law Doctrines?
     by Hollis L. Hyans and Amy F. Nogid
>>
State Tax Shelters and State Taxation of Capital
     by Joseph Bankman
 

 

THE TAX LAWYER FALL 2007 Volume 61, No. 1
TTL image>> The Deliberative Stylings of Leading Tax Law Scholars
     by Professor Andre L. Smith
>>
Textualism and Intentionalism in Tax Litigation
     by Professor David F. Shores
>>
United States Federal Taxation of Derivatives: One Way or Many?
     by Professor Yoram Keinan
>>
Translating Corporate Concepts into the Language of LLCs
     by Robert P. Rothman
>>
The Discount for Lack of Marketability: Update on Current Studies and Analysis of Current      Controversies
     by Robert Reilly and Aaron Rotkowski

 

 
COMING SOON! Sales & Use Tax Deskbook 2007-2008 Edition  
Sales and Use Tax DeskbookThe ABA Sales and Use Tax Deskbook provides tax managers, attorneys, and accountants all of the information you are most likely to need about sales and use taxes. Organized by state, the chapters are organized in a uniform format to easily search for guidance on specific sales/use issues easily and to facilitate multistate research.  
 
IRS NEWS  

Taxpayer Advocacy Panel
The IRS and the Taxpayer Advocate are inviting individuals to apply for the Taxpayer Advocacy Panel. This year the TAP is accepting applications from U.S. citizens who reside in a variety of locations and are available to commit 300 to 500 hours during the year to the panel. For more information or to apply online, visit www.improveirs.org. You may also apply by calling
1-888-912-1227 to request a paper application form.
All applications must be received no later than April 30, 2008.

 

 
2008 IRS Tax Forums
As a component of its communication and outreach efforts, the IRS is conducting a series of tax forums across the nation this summer. Designed for tax professionals, the forums present the latest news and information from the IRS over three days of seminars taught by representatives of the IRS, the American Bar Association Section of Taxation, and other national organizations. The 2008 dates and locations are:
  • Atlanta, GA – July 1-3
  • Chicago, IL – July 22-24
  • Orlando, FL – August 5-7
  • Las Vegas, NV – August 19-21
  • New York, NY – August 26-28
  • San Diego, CA – September 9-11

For more information, visit www.taxforuminfo.com. ABA members qualify for a discount. Please note that CLE accreditation has not been requested in advance for these programs, and attorneys interested in attending and obtaining CLE credit are encouraged to check with their state regulatory agencies.

 

 
Draft Instructions to Form 990 Released
The Internal Revenue Service is seeking public comments on the draft instructions to the 2008 Form 990. Comments are due June 1, 2008. For more information, click here.
 
 
JOINT COMMITTEE ON EMPLOYEE BENEFITS  

jceb logoThe ABA Joint Committee on Employee Benefits (JCEB) coordinates the activities of the employee benefits committees of six sections. Those activities include CLE programs and annual meetings with federal agency officials that are reported as a series of questions and answers from each agency. For more information visit the JCEB website or email JCEBLServe@staff.abanet.org.

 
 
Thoughtful Insights, Useful Analysis, was formerly Comm-Online. An online resource, it provides current, high-level work product on the latest tax developments. You have instant access to cutting-edge planning and analysis developed by the nation's leading tax practitioners.
 
Upcoming Tax Events
"Last Wednesday" Teleconference
You May Be a Tax Return Preparer and Not Know It: The Latest on the New Return Preparer Standards and Proposed Regulations

April 30, 2008
1:00 – 2:30pm ET
Cosponsored by the ABA Center for CLE
Format
:Teleconference
/Webcast


2008 May Meeting
May 8-10, 2008
Grand Hyatt
Washington, DC
Format: Live/In-Person
4th Annual SALT Symposium: The Story Behind Combined Reporting
May 14, 2008
Georgetown University Law Center Hart Auditorium (formerly Moot Courtroom)
Washington, DC
Format: Live/In-Person

ABA Connection Teleconference
Probate Is Dead--Or Is It?

May 21, 2008
1:00 – 2:00pm ET
Cosponsored by:ABA Center for CLE, General Practice, Solo and Small Firm Division, Section of Real Property, Trust and Estate Law
Format:Teleconference/Webcast

7th Annual North Carolina/South Carolina Tax Section Workshops
May 23-25, 2008
Kiawah Island
Golf Resort Kiawah Island, SC
Format: Live/In-Person

"Last Wednesday" Teleconference

Update on Recent State Tax System Reforms (Case Studies: Ohio, Texas and Michigan)
May 28, 2008
1:00 – 2:30pm ET
Cosponsored by the ABA Center for CLE
Format:Teleconference/Webcast


Tax Link Live – Member Benefit Teleconference
Ethics for Tax Lawyers: Test Your Knowledge of the
ABA Model Rules
June 3, 2008
1:00 – 2:30pm ET
Cosponsored by the ABA Center for CLE
Format: Teleconference/Webcast


ALI-ABA Course of Study: Charitable Giving Techniques
June 5-6, 2008
Langham Hotel Boston
Boston, MA
Format: Live/In-Person
U.S. – Latin American Tax Planning Strategies Conference and Wealth & Asset Planning Workshop
June 11-13, 2008
InterContinental Hotel
Miami, FL
Format: Live/In-Person

ALI-ABA Course of Study: Tax Controversy Practice: From Administrative Audit Through Litigation
June 12-13
Renaissance Chicago Hotel Chicago, IL
Format: Live/In-Person
"Last Wednesday" Teleconference
Review of Regulations on Capitalization of Tangible Assets

June 25, 2008
1:00 – 2:30pm ET
Cosponsored by the ABA Center for CLE
Format: Teleconference/Webcast
 
Upcoming JCEB Events
The ABA Joint Committee on Employee Benefits (JCEB) coordinates the activities of the employee benefits committees of six ABA sections.
Retiree Medical Benefits After Erie County: HIPAA ADEA Medicare Coordination/ERISA Compliance Issues
April 24, 2008
Format:Teleconference/Webcast

The 22nd Annual National Institute on ERISA Basics
June 4-6, 2008
The Palmer House Hilton
Chicago, IL
Format: Live/In-Person


ERISA Litigation
November 6-7, 2008
18th Annual National Institute
Chicago, IL

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