GEORGETOWN LAW C O N T I N U I N G L E G A L E D U C AT I O N

Advanced State & Local Tax InstituteAUGUST 1–2, 2013 G E O R G E T O W N U N I V E R S I T Y L A W C E N T E R | W A S H I N G T O N , D C

CLE 11.25 CLE credit hours (based on a 60-minute credit hour), including 1.0 hours of ethics / 13.5 CLE credit hours (based on a 50-minute credit hour), including 1.2 hours of ethics / 13.5 CPE credit hours, including 1.2 hours of auditing

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Institute AgendaThursday, August 18:30–9:00 am Registration & Continental Breakfast

9:00–9:15 am Welcome & Overview

Lawrence J. Center, Assistant Dean

Philip M. Tatarowicz, Program Chair

9:15–10:15 am Current Developments: Income and New Worth-based Taxes

Speakers

Kendall Houghton, Alston & Bird LLP

Stephanie Anne Lipinski Galland, Williams Mullen

Employing a topical format informed by legislative, judicial, and administrative tax developments, this session will provide an overview of current corporate income and net worth tax issues demanding the attention of taxpayers and taxing authorities. With a multistate focus, our speakers will share an analysis of select state and local tax issues and emerging trends. You will explore nexus, sourcing, deductions, exemptions, statutory and negotiated incentives, and state and federal law guidelines that limit the powers of the taxing jurisdictions and protect taxpayers. There will be ample time for you to obtain answers to your most pressing questions, so bring them with you to this opening session.

10:15–10:30 am Networking Break

Why You Should Attend » Review legislative, judicial, and adminis-trative developments affecting corporate income and net worth taxes

» Examine the latest developments impacting the accounting and financial statement disclosure of state income taxes

» Learn the elements of state residency audits and the best techniques for responding to them

» Analyze the presumptive correctness of tax assessments and ways to rebut the presumption

» Explore the many issues surrounding burden of proof in alternative apportionment

» Review national best practices for defending against tax penalties

» Learn when sales and use tax disclosures in financial statements may be required

» Survey the latest developments in sales, use, and gross receipts taxes

» Assess sales and use tax trends affecting cloud computing, digital equivalents, and other hybrid transactions

» Analyze SALT implications of the major elements of potential federal tax reform

» Explore the MTC compact litigation and related refund opportunities

» Review critical audit issues being litigated across the country 

10:30–11:15 am

CONCURRENT SESSIONS

Session AIncome Tax Accounting for State and Local Taxes

Speakers

Ken Cotty, Deloitte Tax LLP

Robert C. Ozmun, PricewaterhouseCoopers LLP

During this session, you will examine strate-gic considerations in the critical SALT area of income tax accounting. You will assess key aspects of purchase accounting, business combinations, and accounting for equity investments vs. consolidated entities. You will explore tax indemnifications, adjustments to deferred taxes due to changes in statu-tory rates, and apportionment factors. You will gain a greater understanding of policy elections regarding state incentives (when can they be reported above-the-line in operat-ing income), rate reconciliation matters, and valuation analysis for tax attributes.

Session BThe Nuts and Bolts of a State Residency Audit

Moderator

James P. Sweeney, Attorney At Law

Panelists

John J. Coniglio, New York State Department of Taxation and Finance

Ken Zemsky, WTAS, LLC

State residency audits are becoming more commonplace throughout the country. It is critical that you appreciate the elements of these audits and how to respond to them.

Our expert panelists will explore the practical aspects of a state residency audit and address these important questions:  Is there a place of abode?  How many days has the taxpayer been in the jurisdiction?  What are the docu-mentation requirements?  Has the taxpayer established domicile outside the jurisdiction?

11:20 am–12:20 pm The Presumptive Correctness of Tax Assessments

Moderator

Todd A. Lard, Sutherland Asbill & Brennan LLP

Panelists

Sheldon Laskin, Multistate Tax Commission

Mark Sommer, Frost Brown Todd LLC

The presumptive correctness of tax assess-ments has been debated for many years be-tween state tax officials and corporate taxpay-ers. It is a subject that is rarely addressed in detail at national conferences. Our presenters will delve into this topic to provide you with background and advice. The panel will discuss the deference provided to tax agency determi-nations, the burden on taxpayers to rebut the presumption (including the varying standards employed by the states), and exceptions from deference. Lastly, the panel will review the most frequent suggestions for reform.

12:20–1:30 pm Lunch (on your own)

1:30–2:15 pm Alternative Apportionment: Who Has the Burden of Proof?

Speakers

Helen Hecht, Federation of Tax Administrators

Marilyn A. Wethekam, Horwood Marcus & Berk Chartered

Apportionment is critically important for multistate companies, multinational busi-nesses, and state tax administrators. As the states move from the use of the standard three-factor formula, there is a developing need for alternative apportionment methods. However, the use of an alternative apportion-ment method raises the issue of which party bears the burden of showing that method is reasonable. You will explore the myriad

issues surrounding burden of proof and the determination of what constitutes a reason-able alternative apportionment method. 

2:15–3:15 pm Defending Against Penalties: Best Practices

Speakers

Brett Carter, Bradley Arant Boult Cummings LLP

Craig B. Fields, Morrison & Foerster LLP

Defending against penalties is a skill that all corporate taxpayers must master. Often harsh, retroactive amnesty provisions force taxpayers to choose between applying for amnesty and facing substantial penalties. During this ses-sion you will review the most significant issues that frequently arise in litigation and learn how to avoid the most common traps for the unwary SALT professional.

3:15–3:45 pm Networking Break

3:45–4:30 pm

CONCURRENT SESSIONS

Session AThe Best Strategies for Accomplishing a State Tax Policy Objective

Speakers

Deborah Bierbaum, AT&T

Art Rosen, McDermott Will & Emery

This session will explore the full process for affecting state tax policy. You will learn how to identify an offensive or defensive tax policy opportunity by having your objective realized through regulation, legislation, or agency

action.  Our experts will review strategies for developing supporting data, engaging with tax administrators and legislators, working with government relations, and recognizing the potential values that may be garnered by bringing other interested parties into the plan.

Session BUsing Sales and Use Tax Disclosures in Financial Statements: Knowing the Rules and Making Best Use of Them

Speakers

James Bartek, Alvarez & Marsal Taxand LLC

Matt Pellows, KPMG LLP

It is important to appreciate the growing importance of sales and use tax disclosures.  In this session you will review provisions in ASC 450, including booking a liability and the specific disclosure requirements.  You will analyze the practical applications of ASC 450, such as establishing sales and use tax reserves, identifying up-front planning considerations, reducing risk areas, considering different methodologies, and adjusting sales and use tax reserves. Finally, you will study the FASB proposed changes to disclosure of certain loss contingencies.  We will examine disclosure principles and thresholds, qualitative dis-closure, quantitative disclosure, timing of exposure draft, and the IFRS impact.   

4:30–6:00 pm Networking Cocktail Reception Sponsored by BNA Tax Management

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Friday, August 27:30–8:00 am Continental Breakfast

8:00–9:00 am Ethics of State and Local Tax Practice

Speaker

Glenn C. McCoy Jr., KPMG LLP

This opening session will help you recognize and understand how the various codes of ethics apply to guide and protect you, your employers, and the SALT profession. During this presentation, you will review the ABA Model Rules relating to tax return preparation and tax practice and the AICPA Statement on Standards for Tax Services. It is critical that you understand the role of the Ethical Standards of the Internal Revenue Service contained in Circular 230 and become famil-iar with specific ABA Model Rules, AICPA Statements on Standards for Tax Services, and Circular 230 in the context of specific ex-amples of permitted and prohibited conduct. This ethics hour will allow you to satisfy those objectives!

9:00–10:00 am Current Developments: Sales, Use, and Gross Receipts Tax

Speaker

Susan Haffield, PricewaterhouseCoopers LLP

Sales and use tax trends are important to all SALT practitioners. Each year changes occur that impact daily decisions. This session will help you analyze recent federal and state con-stitutional, legislative, judicial, and administra-tive sales and use tax revisions. Developments giving rise to planning and refund opportuni-ties will be highlighted.

10:00–10:15 am Networking Break

10:15–11:15 am Delivering Goods and Services in Nontraditional Ways

Speaker

Faranak Naghavi, Ernst & Young

As new business models continue to evolve, taxpayers struggle to comply with decades-old tax laws that do not address their current operations.  Issues such as cloud computing, digital equivalents, and hybrid transactions, along with new outsourced or shared-services operational models, have created additional strains on internal compliance systems and indirect tax staff.  This session will review recent sales and use tax developments as they relate to current and emerging economies and best practices for dealing with sales and use tax compliance for nontraditional transac-tions, and provide insight into how state and federal legislation may deal with the main issues related to these transactions.

11:20 am–12:05 pm

CONCURRENT SESSIONS

Session ATransparency and Tax Policy: How Do You Address the Toughest Issues?

Moderator

Doug Lindholm, Council on State Taxation

Panelists

Louis Bucari, State of Connecticut, Department of Revenue Services

Cara Griffith, Tax Analysts

A number of states (CA, IL, and many East Coast states) and the city of Chicago are attempting to pass statutes or ordinances that require the disclosure of corporate tax

Get a Head Start!To better serve you, all course materials will be provided to you by email prior to the program. Benefits of downloadable course materials include:

Effortless search features. Save time by keyword searching downloadable course materials rather than flipping through a course book.

More in-depth content. Without page constraints, speak-ers will have the opportunity to provide more comprehensive materials.

Easily transportable. You no longer have to lug around that heavy course book. Download the materials to a flash drive or laptop, or only print the articles that you need. Additionally, you can revisit materials online even after the program has concluded.

Environmental savings. Review all the course files in advance and print only those that you need or find helpful.

Using a tablet?

All course materials are fully

accessible on all tablet models.

Georgetown Law CLE ProgramsGeorgetown Law CLE has an established tradition with over 30 years of experience

providing high-quality programs to the legal community. Our programs are developed with

the profession’s ever-changing needs in mind, while at the same time meeting the manda-

tory CLE requirements of various state bars. Located in the heart of the nation’s capital, we

feature the country’s leading officials, judges, and practitioners.

Advisory BoardProgram ChairPhilip M. Tatarowicz, Morrison & Foerster LLP, Washington, DC

Advisory Board MembersPaul A. Broman, BP America Inc., Houston, TX

Bobby L. Burgner, General Electric Company, Atlanta, GA

Michael Carchia, Capital One Services, LLC, McLean, VA

Peter L. Faber, McDermott Will & Emery, New York, NY

Craig B. Fields, Morrison & Foerster LLP, New York, NY

Gale Garriott, Federation of Tax Administrators, Washington, DC

Jerrold S. Gattegno, Deloitte Tax LLP, New York, NY

Ann Holley, KPMG LLP, Washington, DC

Joe Huddleston, Multistate Tax Commission, Washington, DC

Todd A. Lard, Sutherland Asbill & Brennan LLP, Washington, DC

Stephanie Anne Lipinski Galland, Williams Mullen, Washington, DC

Michael H. Lippman, Alvarez & Marsal, Taxand LLC, Washington, DC

Alysse McLoughlin, Barclays Capital, New York, NY

Walter Nagel, Crowell & Moring LLP, Washington, DC

Faranak Naghavi, Ernst & Young, Washington, DC

Bruce J. Reid, The Reid Consulting Group, Kirkland, WA

Michael H. Salama, The Walt Disney Company, Burbank, CA

James P. Sweeney, Attorney at Law, Spring Lake, NJ

William D. Townsend, Fowler White Boggs-PA, Tallahassee, FL

Robert J. Tuinstra, E.I. du Pont de Nemours & Company, Wilmington, DE

Marilyn A. Wethekam, Horwood Marcus & Berk Chartered, Chicago, IL

Philip M. Zinn, PricewaterhouseCoopers LLP, New York, NY

liabilities. Moreover, there are state legislatures (NY and GA) that are expanding Qui Tam actions to include taxes. From a tax policy standpoint, is this desirable? From an in-house corporate perspective, how do you deal with these statutes? As a tax advisor, what should you tell your client?

Session BUntapped Constitutional Law Challenges in State Tax Matters

Speaker

Richard Capino, Ernst & Young

The Commerce and Equal Protection clauses of the U.S. Constitution are routinely raised in state tax controversies.  However, several other constitutional clauses, such as Privileges & Immunities, Supremacy, Contracts, and others may be used forcefully to support or defend against a state tax position.  During this session, you will explore those clauses, analyze the history of their use in state tax matters, and consider whether additional op-portunities exist for their productive use.

12:05–12:30 pm Lunch Distribution

12:30–1:15 pm SALT Implications of Federal Tax Reform

Speakers

Valarie Dickerson, Deloitte Tax LLP

Joe Huddleston, Multistate Tax Commission

Federal tax reform is on the front page of every major newspaper and certainly high-lighted in the trade press. Years of experience have taught us that federal tax reform and SALT policies are inextricably linked. Dur-ing this session, our nationally recognized speakers will analyze the SALT implications of each of the major elements of potential federal tax reform.  You will learn about the SALT consequences of a shift to a territorial tax system, mandatory or optional repatriation of foreign earnings, interest disallowance, and other important elements of potential federal tax reform.

1:15–2:00 pm MTC Compact Litigation and Refund Opportunities

Speakers

Eric J. Coffill, Morrison & Foerster LLP

Shirley Sicilian, Multistate Tax Commission

The MTC Compact litigation and related refund opportunities are being discussed in many states and corporate offices across the country. During this penultimate session, you will examine the major national cases, such as Gillette and IBM, and potential implications for the Multistate Tax Commission. You will also explore refund opportunities related to apportionment formulas and other statutory departures from the Compact’s provision.

2:00–2:15 pm Networking Break

2:15–3:00 pm Current Audit Issues Outside the Sales and Use Tax Area

Speakers

Prof. Richard D. Pomp, University of Connecticut School of Law

Marilyn A. Wethekam, Horwood Marcus & Berk Chartered

In this entertaining and fast-paced debate, the speakers will review the key cases from the past year, looking at issues presented across the coun-try. They will examine cases addressing over-taxation, taxation without nexus, discrimination, and due process.

3:00 pm Adjournment

Program DetailsHotel ReservationsPlease take advantage of Georgetown Law’s corporate rate at three nearby hotels by using the information below to make your reservation.

Hyatt Regency Washington DC on Capitol Hill400 New Jersey Avenue NWWashington, DC 200011-800-233-1234When calling for reservations, ask for Corporate Number 58549.http://washingtonregency.hyatt.com

The Liaison Capitol Hill, an Affinia Hotel415 New Jersey Avenue NWWashington, DC 20001202-638-1616When calling for reservations, ask for the Georgetown rate.http://bit.ly/XVQVoJ

The Hotel George15 E Street NWWashington, DC 20001 1-800-576-8331When calling for reservations, use the Georgetown rate code GUL.http://www.hotelgeorge.com

DisclaimerSpeakers are subject to change.

Services for People with Special Needs or Dietary RestrictionsCall (202) 662-9890

ScholarshipsGeorgetown Law CLE makes every effort possible to provide equal educational opportunities to all. We provide a limited number of scholarships on a case-by-case basis. Apply online at www.law.georgetown.edu/cle or submit written request no later than 5:00 pm ET on Thursday, July 11, 2013 to:

Scholarship CommitteeGeorgetown Law CLE600 New Jersey Avenue NWWashington, DC 20001or fax to (202) 662-9891

Cancellations/Rain Checks/SubstitutionsPlease fax your cancellation notice to (202) 662-9891 or email to cle@law.georgetown.edu by 5:00 pm ET on Thursday, July 25, 2013 for a refund (less $100 administrative fee). Rain checks for a future program will be granted for cancellations received after July 25, and prior to the start of the program. Substitu-tions are accepted at any time prior to the program.

Course Materials As part of Georgetown Law’s efforts to go green, all course materials will be provided to you by email prior to the program. Please note you will not receive a hard-copy book or CD-ROM including the materials. Additionally, there will not be a printer available onsite for printing. We encourage you to download the course materials and preprint any materials you would like to reference during the program. Please consider the environment before printing your materials.

Satisfaction GuaranteeWe are confident that you will leave this conference with more than enough ideas and insights to make your investment pay off. However, if you feel you have not received your money’s worth by the end of the program, please contact a member of our registration team before leaving the conference. All refund requests will be carefully reviewed and are subject to approval by the Assistant Dean.

CLE CreditsAccreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 11.25 CLE credits (based on a 60-minute hour) and 13.5 CLE credits (based on a 50-minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. Some states require nominal accreditation fees. You will be asked to submit payment at the program’s conclusion.

CPE CreditsGeorgetown Law CLE is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE sponsors through its website: www.nasba.org.

Thank You, 2013 Institute Sponsors

Deloitte Tax LLP

DuCharme, McMillen & Associates, Inc.

Ernst & Young

KPMG LLP

Morrison & Foerster LLP

PricewaterhouseCoopers LLP

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Advanced State & Local Tax Institute (August 1–2 , 2013)$995 Early-Bird Registration (before 5:00 pm ET on July 1, 2013)

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Advanced State & Local Tax Institute36 thAnnua l