Thank you to our 2023 Sponsors!
2023 Speakers and Topics
Wednesday, February 1, 2023
|12:30 - 1:00pm||Welcome & Opening Remarks|
|1:00 - 3:00pm||Prof. Cassady "Cass" V. Brewer
Georgia State University College of Law
Prof. Bruce A. McGovern
South Texas College of Law Houston
Luncheon & Recent Developments in Federal Income Taxation Presentation
This session highlights significant changes affecting taxpayers over the past twelve months, including court decisions, rulings, and statutory and regulatory developments.
|3:00 - 3:30pm||Visiting With Sponsors|
|3:30 - 4:30pm||James B. Sowell
Equity Compensation for Partnerships
This program will involve a discussion of issues surrounding the issuance of profits and capital interests in a partnership as well as the issuance and exercise of partnership options. Select issues under section 1061 also will be discussed.
|4:30 - 5:30pm||John G. Green
King & Spalding
Abraham "Hap" N.M. Shashy, Jr.
King & Spalding
U.S. Federal Tax Issues in Acquisitions of S Corporations
This presentation will cover common U.S. Federal tax issues that arise in acquisitions of Subchapter S corporations, including pros and cons of acquisitions that are, or are deemed to be, acquisitions of assets rather than stock for U.S. federal tax purposes. Among the topics to be discussed are the sale of Subchapter S corporation stock combined with a section 338(h)(10) election to achieve a deemed asset sale, an alternative structure involving an F reorganization to facilitate a deemed asset sale, buyer-side considerations regarding the alternatives, seller-side considerations including the need for a tax make-whole payment, considerations that can arise in “equity rollover” transactions, and some key due diligence and drafting aspects of Subchapter S acquisition transactions.
|5:30 - 6:30pm||Welcome Reception|
Thursday, February 2, 2023
|7:00 - 8:00am||Breakfast With Sponsors|
|8:00 - 9:30am||Prof. Yariv Brauner
Levin College of Law, University of Florida
Roberto Duque Estrada
Brigagão Duque Estrada
Fred Murray (Moderator)
Sean J. Tevel
Holland & Knight
Opening Remarks & Tax Planning for Foreign Investment in the United States: Current Structures, Legislative Updates and Potential Future Tax Reform
Law changes resulting from recent legislation, changes in treaties and developments like the OECD MLI and digital income projects (including new special taxing rights and the new worldwide minimum tax developments), and recent regulations including the US rules on limitation of the interest deduction under section 163(j) and foreign tax credits, make it mandatory for investors and their counsel to review their structures. This is further reinforced by the expiration in the not so distant future of important provisions enacted in 2017, and that both the Biden Administration and Congressional leaders continue to propose significant changes to the applicable rules. This panel will discuss current planning structures for inbound investments while highlighting planning opportunities that foreign investors should consider to avoid negative consequences from a U.S. federal income tax and U.S. federal estate and gift tax perspective.
|9:30 - 10:00am||Visiting With Sponsors|
|10:00 - 11:30am||Eric P. Cirelli
IRS, Director of Field Operations Global High Wealth
Judith A. McNamara
IRS, Director of Field Operations International Individual Compliance
Scott D. Michel
Caplin & Drysdale
Fred Murray (Moderator)
Michel R. Stein
Hochman Salkin Toscher Perez P.C.
Audits and Tax Controversy Update
The IRS continues to prioritize examinations of high-wealth individuals and inbound and outbound investment and business transactions. The reviews are expected to include the individual tax return of the sophisticated taxpayer as well as related partnerships, foundations, trusts, retirement plans, and other business structures. The IRS also recently reaffirmed its interest in cross border activities with the announcement of new campaigns targeting Nonresident Aliens who receive rental income from U.S. real property; FIRPTA compliance in connection with the withholding of tax and reporting obligations on the disposition of U.S. real property interests; and the U.S. activities of financial service entities and whether foreign investors participating in “inbound” lending transactions were engaged in a U.S. trade or business and generated income effectively connected with a U.S.-situs lending trade or business. The panel will discuss current developments and their implications for high wealth foreign and domestic taxpayers.
|11:30am - 1:00pm||Luncheon Speaker - Lawrence B. Gibbs, Esq.
Miller & Chevalier Chartered
The $80 Billion IRS Investment
What the $80 billion IRS investment made by last year's Inflation Reduction Act is about, why it is appropriate, and how it will benefit you and your clients.
|1:00 - 2:00pm||Prof. Donald J. Weidner
Florida State University, College of Law
The Unfortunate Role of Special Litigation Committees in LLCs
Recent LLC acts adopt the corporate rule that many if not most owner claims against managers or other owners are merely “derivative” rather “direct” and give the firm the right to appoint special litigation committees (“SLCs”) to decide how to dispose of the claims. This presentation will explain and critique the statutory rules that govern the SLCs in LLCs, highlight key Florida judicial decisions distinguishing direct claims from derivative claims, and consider Delaware caselaw on the standard of review of the composition and work of SLCs.
|2:05-3:05pm||Tama Brooks Klosek
Klosek & Associates PLLC
Life Settlements - The Hidden Tool to Unlock, Preserve and Rescue Value in the Estate Plan
|3:05 - 3:30pm||Visiting With Sponsors|
|3:30 - 4:30pm||A. Brian Phillips
A. Brian Phillips, P.A.
Has Controversy Work Become More Controversial?
Dealing with the IRS in pre-litigation matters has always been fraught with challenges. With the impact of the pandemic and the IRS' responses to those challenges, controversy work has become, at times, unrecognizable. This presentation will address the current issues and opportunities presenting in this brave, new world of controversy work.
|4:30 - 5:30pm||Prof. Charlene Luke
University of Florida Levin College of Law
Prof. Martin J. McMahon, Jr.
University of Florida Levin College of Law
Prof. Bret Wells
UH Law Center, University of Houston
The 1% Excise Tax on Stock Buybacks: A Primer
This session will discuss the impetus behind the new excise tax, its operational details, and the planning opportunities and obstacles it provides.
|5:30 pm||Cocktail Hour followed by the 10 Year Celebratory Dinner (Dinner is a ticketed event)|
Friday, February 3, 2022
|7:00 - 8:00am||Breakfast with Sponsors
Special Student Networking Opportunity
|8:00 - 9:00am||Paul S. Lee
Opening Remarks & Basis Planning and Anomalies with Partnerships, Grantor Trusts & Unitary Basis
Tax basis and realization are fluid concepts in the world of partnership taxation, especially when one considers the “unitary basis” rule and how grantors, grantor trusts, and disregarded entities are treated as the same taxpayer. In such a world with potential changes to the treatment of grantor trusts on the horizon, entities taxed as partnership provide the most sophisticated platform to exchange assets and strip, shift, create, combine, and concentrate basis. This presentation explores these concepts through the lens of common estate planning situations and the basis conundrum created if section 2036 applies to the partnership.
|9:05 - 10:05am||Louis Nostro
Twenty Things to Know Regarding the Funding & Administration of Charitable Trusts & Private Foundations
|10:05 - 10:30am||Visiting With Sponsors|
|10:30 - 11:30am||Turney Berry
Wyatt Tarrant & Combs
Transfer Tax Update
Attendees will become aware of new IRS regulations and rulings and how they affect prior and future client planning. Tax cases that present risks to and create opportunities for their clients will be discussed and attendees will learn how to evaluate existing and new estate planning techniques taking into consideration the latest regulatory environment.
|11:30am - 1:00pm||Luncheon Speaker - Ronald D. Aucutt
This will be an up-to-the-minute update on the status of changes in federal tax law affecting estate planning, in light of the November 2022 election. The primary focus will be on changes proposed by the Biden Administration, including the proposal to tax unrealized capital gains at transfers at death and by gift. Other topics may include the proposed “anti-abuse” exception to the “anti-clawback” regulations for gifts that trigger inclusion in the gross estate, the proposed “present value” rules for deducting estate administration expenses and claims against the estate, and the possible relaxation (or expansion) of the 2015 “consistent basis” rules.
|1:05 - 2:05pm||George D. Karibjanian
Franklin Karibjanian & Law PLLC
The "Baker's Dozen" - 13 Things That You May Not Know About Preparing a Federal Estate Tax Return
Even if few clients are currently required to file the U.S. Estate (and Generation-Skipping Transfer) Tax
Return, Form 706, chances are that we may not have seen the last of the Form 706, particularly with a
pending decrease in the lifetime credit. Plus, there are rumors that all Form 706’s are audited, particularly as the IRS makes up for lost COVID time. Hence, this presentation will review some of the technical issues where even seasoned practitioners aren’t quite certain how to respond. A “must attend” for anyone who prepares a Form 706.
|2:05 - 2:15pm||Afternoon Break|
|2:15 - 3:45pm||Carla DeLoach
Eliminate Common Mistakes - A Blueprint for Better 709 Drafting
Our presentation will provide practitioners with practical tips and traps to be aware of when preparing 709s. It will outline certain best-practices for documenting annual gifts, split gifts, 529 contributions, hanging power reconciliations, and GST tax allocations and will provide examples for discussion. Lastly, it will introduce a systematic approach to maintaining a contemporaneous record for client gifts designed to improve accuracy and efficiency.