Federal Bar Association 2024 Tax Law Conference (CLE/CPE)
2024-03-01 08:00 - 2024-03-05 17:00 (America/New_York)
Join the Section on Taxation for the 48th Annual Tax Law Conference. This three-day program will offer the same great content in-person and online. Programming will be held in-person on Friday, March 1 and virtually from Monday, March 4 – Tuesday, March 5. Programming will include a keynote luncheon address and awards reception for the prestigious Kenneth H. Liles Award for Distinguished Service to an eminent tax practitioner. Ethics, CLE, and CPE credit will be available.
Friday, March 1, 2024
4:00 PM – 5:00 P.M. (EST): Megan L. Brackney participates in a panel titled “Multijurisdictional Ethics Issues – Working in Multiple Jurisdictions – Some Things You May Not Think About May Hurt.”
Description: Practitioners who represent foreign (and domestic) clients face problems that not only raise ethics issues (like practicing in more than one jurisdiction – e.g., license issues, language issues, as well as knowledge of other jurisdictions), but importantly may also involve them and their clients in a number of reporting requirements and even scrutiny under federal money laundering and other statutes that impose criminal liability. These situations require thought about due diligence on accepting clients from other jurisdictions who may have needs or motives besides having a house in your state – tax evasion, reporting of income and assets, etc. This panel will discuss matters you really need to consider and actions you need to take to represent clients with more complex investments and businesses.
Moderator:
Fred Murray, Special Counsel, IRS, U.S. Department of the Treasury
Panelists:
Megan L. Brackney, Partner, Kostelanetz LLP
Matt Cooper, Managing Director, Tax Controversy Services, Deloitte Tax LLP
Emily Lesniak, Senior Level Counsel, Procedure and Administration, IRS, U.S. Department of the Treasury
Monday, March 4, 2024
12:30 PM – 1:30 PM (EST): Michael Sardar moderates a panel titled “The Employee Retention Credit Rewind: Evaluating ERC Claims and Determining the Right Path Forward.”
Description: The Employee Retention Credit (“ERC”) is a pandemic-era program that allowed taxpayers who suffered a pandemic-related business interruption to claim a tax credit tied to the number of employees employed by the business. Only businesses that met certain qualification guidelines were entitled to claim benefits under the ERC. In the midst of the pandemic-driven rush to distribute funds to taxpayers, some taxpayers made ERC claims that did not meet Congress’ qualification criteria. The Service has stepped-up enforcement efforts with respect to nonqualifying claims by auditing taxpayer ERC claims, investigating tax advisors and ERC consulting companies, and taking other enforcement action. The IRS has also paused processing new ERC claims, instituted a withdrawal program that would allow certain taxpayers to withdraw nonqualifying claims, and announced a voluntary disclosure program to allow taxpayers to return inappropriately claimed ERC funds.
Moderator:
Michael Sardar, Partner, Kostelanetz LLP
Panelists:
Melissa Henkel, Branch Chief, Office of Chief Counsel, IRS, U.S. Department of the Treasury
Starling Marshall, Partner, Crowell & Moring LLP
John McInelly, Executive Lead, Employee Retention Credit, IRS, U.S. Department of the Treasury
Daniel Strickland, Senior Counsel, Holland & Knight
2:00 PM – 3:00 PM (EST): Caroline D. Ciraolo moderates a panel titled “Defending Malta Pension Plans – Lessons Learned and What Lays Ahead….”
Description: In July 2021, the IRS added Malta pension plans (MPPs) to its “Dirty Dozen” list as a “potentially abusive” transaction, explaining that some “U.S. citizens and residents are relying on an interpretation of the U.S.‐Malta Income Tax Treaty (Treaty) to take the position that they may contribute appreciated property tax free to certain Maltese pension plans and that there are also no tax consequences when the plan sells the assets and distributes proceeds to the U.S. taxpayer. In December 2021, the IRS announced a Competent Authority Arrangement between the U.S. and Malta stating the mutual understanding that “pension fund” for purposes of the Treaty does not include a plan that allows participants to contribute property other than cash or does not limit contributions based on a taxpayer’s employment or self-employment income. On June 7, 2023, the IRS proposed making the MPPs a listed transaction, and later that month, IRS Criminal Investigation issued numerous summonses to individuals and entities involved in MPPs and later confirmed a joint investigation with IRS Large Business & International. Practitioners representing MPP clients have addressed myriad issues including the scope and impact of joint investigations, the validity of summonses, treaty interpretations, applicable statutes of limitations, privileges and work product doctrine, and conflicts of interest. This panel will review those issues, discuss lessons learned and recent developments, and what may lay ahead as the government continues to pursue its parallel investigations.
Moderator:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Panelists:
Tom Cullinan, Shareholder, Chamberlain, Hrdlicka, White, Williams & Aughtry
Kathy Enstrom, Director of Investigations, Moore Tax Law Group LLC
Daniel Price, Managing Member, Law Offices of Daniel N. Price, PLLC
Tuesday, March 5, 2024
2:00 PM – 3:00 PM: Caroline D. Ciraolo moderates a panel titled “We Live in Interesting Times – The Latest in Criminal Tax Investigations and Sentencings.”
Description: IRS Criminal Investigation and its partners within the Department of Justice have been hard at work pursuing individuals and entities believed to have engaged in willful tax violations. Recent criminal tax investigations involve syndicated conservation easements, Malta pension plans, international structures and accounts, cryptocurrency schemes, employment tax violations, pandemic-related fraud, and other high priority areas of enforcement. Many of these investigations involve complex and emerging issues, including the use of filter teams, acquisition and use of foreign based evidence, and constitutional challenges. At the other end of the lifecycle of a criminal tax case, defense counsel and prosecutors are addressing new developments in sentencings, including the consideration of intended tax loss and acquitted conduct, the Zero-Point Offender adjustment, the corresponding impact of role adjustments, and a renewed push to consider non-custodial sentences. Panelists will review these important issues, discuss recent developments, and offer best practices.
Moderator:
Caroline D. Ciraolo, Partner, Kostelanetz LLP
Panelists:
Sandra Brown, Principal, Hochman Salkin Toscher Perez P.C.
Eric Hylton, Director of Investigations, ZMF Law
Jeffrey Neiman, Partner, Marcus Neiman & Rashbaum LLP
Click here for more information and to register.

American Bar Association's 39th Annual National Institute on White Collar Crime
2024-03-06 10:30 - 11:45 (America/Los_Angeles)
On March 6, 2024, Caroline D. Ciraolo speaks on a panel titled “Criminal Tax Enforcement – The Powers and Perils of Parallel Criminal and Civil Investigations” at the ABA’s 39th Annual National Institute on White Collar Crime.
Parallel investigations involving the IRS and federal tax matters by different state or federal government entities have become common practice. The panel will discuss the challenges and strategies when dealing with such proceedings, including issues that arise when government coordination may result in a determination of a “joint” rather than a parallel matter.
Wednesday, March 6, 2024
10:30am – 11:45am (PST)
Moderator:
Sandra R. Brown, Hochman Salkin Toscher Perez P.C.
Speakers:
Caroline D. Ciraolo, Kostelanetz LLP
Ronald L. Cheng, Pillsbury Winthrop Shaw Pittman LLP
Mary E. Hammond, Executive Director, Global Operations Policy & Support, IRS Criminal Investigation
Pamela M. Johnston, Foley & Lardner LLP

Click here for more information and to register.

2024 AML Partnership Forum
2024-03-18 12:00 - 2024-03-20 12:15 (Europe/Berlin) | The Mayflower Hotel, 1127 Connecticut Avenue Northwest, Washington, DC, 20036
On March 19, 2024, Don Fort will be moderating a law enforcement panel at the AML Partnership Forum with IRS-CI, HSI, and FBI officials. He will also be delivering the closing remarks on Wednesday, March 20, 2024. The event is taking place this year from March 18-20, 2024 at the Mayflower Hotel in Washington, D.C.
Event Description
This event is an opportunity for members of the AML community from financial service providers and law enforcement agencies to have candid, confidential conversations on key topics on preventing money laundering, terrorist financing and other financial crimes.
Speakers
Katrina W. Berger, Executive Associate Director, HSI
Ken Harvey, Corporate Director
Guy Ficco, Deputy Chief, IRS:CI
Salvatore Russo, Brigadier General, Guardia di Finanza (Economic and Financial Police), Italy
James Barnacle, Financial Crimes Section, Criminal Investigative Division, FBI
Don Fort, Director of Investigations, Kostelanetz LLP
Click here for more information and to register.

Nuts and Bolts of Tax Controversy 2024
2024-03-25
On March 25, 2024, Bryan C. Skarlatos and his co-chair Michael Desmond will deliver the opening remarks for the Practicing Law Institute’s program, Nuts and Bolts of Tax Controversy 2024. This event will take place both virtually and in-person at PLI New York.
Event Description
This event is designed for tax practitioners who want to gain a deeper understanding of the evolving post-IRA tax enforcement and compliance environment.
Speakers
Bryan C. Skarlatos, Kostelanetz LLP
Michael J. Desmond, Gibson, Dunn & Crutcher LLP
Sharon Katz-Pearlman, Greenberg Traurig, LLP
Lawrence A. Sannicandro, McCarter & English, LLP
Marc L. Caine, Internal Revenue Service
Melissa L. Wiley, Lowenstein Sandler LLP
Jennifer M. Black, Internal Revenue Service
Rochelle L. Hodes, Crowe LLP
Clifford R. Scherwinski, Internal Revenue Service
Nikole C. Flax, PwC
Pamela Grewal, Andersen
James B. Kelly, Internal Revenue Service
Brian C. McManus, Latham & Watkins LLP
Elizabeth P. Askey, Internal Revenue Service
Sheri A. Dillon, Morgan, Lewis & Bockius LLP
Mary I. Slonina, KPMG LL
Click here for more information and to register.

With A Little Help From Our Friends - Cross-Border Criminal Tax Investigations
2024-04-12 14:30 - 16:00 (Europe/Berlin) | Munich, Germany
On April 12, 2024, Caroline D. Ciraolo will co-chair a session on cross-border criminal tax investigations during the 24th Annual U.S. and Europe Tax Practice Trends Conference hosted by the American Bar Association in Munich, Germany.
Event Description
Countries around the world are recognizing the value of cooperation and collaboration to combat transnational criminal tax offenses. Governments and their respective tax authorities are leveraging treaty relationships and using a wide range of tools to gather information, documents, and evidence located outside their borders to investigate crimes that occur across jurisdictions. Practitioners representing clients caught in these investigations need to identify the various stakeholders, engage with local professionals, understand the foreign rules regarding data privacy, preservation, and protection, manage public relations, communicate with law enforcement and regulatory authorities, navigate red notices and extradition risks, and negotiate with multiple jurisdictions.
The panelists will present the government’s view of cross border investigations as well as best practices from counsel for the defense.
Co-Chairs
Caroline D. Ciraolo, Kostelanetz LLP, Washington, DC
Alice Rousseau, Alice Rousseau Avocats, Paris
Speakers
Mary E. Hammond, Executive Director, Global Operations Policy and Support, IRS Criminal Investigation, Washington, DC
Magnus Müller, Allen & Overy LLP, Munich
Sarah Paul, Evershed Sutherland (US) LLP, New York, NY
Sabine Stetter, Stetter Attorneys at Law, Munich
Silvia Martina, Cagnola & Associati Studio Legale, Milan
Click here for more information and to register.

Making Tax Policy In An Era Of Artifical Intelligence - Can It Survive The Robots?
2024-06-20 13:00 - 14:30 (America/New_York)
Macdonald “Mac” Norman will participate in a panel titled “Making Tax Policy in an Era of Artificial Intelligence – Can It Survive the Robots?” presented as part of the American Bar Association’s CLE Programming.
Description: While AI is frequently discussed in terms of disruption to private sector activities, its impact on government services has made fewer headlines. But AI may have significant repercussions for policymaking, including for tax. This panel will tackle the challenges confronting tax policymakers as a result of AI-influenced comment letters, industry lobbying, and disinformation campaigns, and whether current policymaking rules remain fit for purpose in such an environment.
Moderator:

Jeremiah Coder, Revenue Jersey

Panelists:

Macdonald “Mac” Norman, Kostelanetz LLP
Adrienne Griffin, Branch Chief, Procedure & Administration Branch 2, IRS Chief Counsel
Alexandra Minkovich, Baker McKenzie
Varun Jain, Senior Counselor, OIRA, Office of Management and Budget

For full event details and registration, click here.
CLE Credit is available for this event.

International Taxation In Cross-Border Operations
2024-07-03 | University of San Diego
Caroline D. Ciraolo is a guest instructor, joined by Leo Unzeitig of Chamberlain Hrdlicka, for the University of San Diego (USD) School of Law and Instituto Tecnológico Autónomo de México (ITAM). Taught concurrently in English and Spanish, this virtual and in-person hybrid, 8-month program aims to provide participants with solid and specialized training in international tax matters from the perspective of the United States and Mexico. It will address the international tax consequences of cross-border operations and investments in the contexts of tax, estate planning and litigation through the analysis of practical cases.
The program is intended for lawyers, accountants and professionals from Mexico and the United States who seek to delve deeper into the complexity of the tax systems of both countries by integrating a binational approach into their respective practices. In-person classes will be held at the ITAM in Mexico City.
For full program details and registration information, please click here.

Resolving a Criminal Tax Matter, Criminal Investigations, Plea Deals, & Sentencing
2024-07-19 16:00 - 17:30 (America/New_York) | University of San Diego
Caroline D. Ciraolo will speak on a panel at the 9th Annual University of San Diego School of Law’s RJS LAW Tax Institute on “Resolving a Criminal Tax Matter, Criminal Investigations, Plea Deals, & Sentencing” on Friday, July 19, 2024.
Description: Caroline Ciraolo is joined by Charles P. Rettig, Partner, Chamberlain Hrdlicka and 49th Commissioner of the IRS, the Honorable Larry Alan Burns, Senior Judge, U.S. District Court, Southern District of California, Sandra R. Brown, Partner, Hochman Salkin Toscher Perez, PC and former Acting U.S. Attorney, Central District of California, to discuss criminal tax investigations and prosecutions, including current IRS enforcement priorities, the roles of IRS Criminal Investigation, DOJ Tax Division, the district courts, and the U.S. Sentencing Guidelines, and the future of IRS enforcement efforts.
For full program details and registration information, please click here.

I Always Think That Everything Could Be A Trap: Ethical Dilemmas in Tax Controversy (CLE)
2024-08-13 13:00 - 14:30 (America/New_York)
Megan L. Brackney will participate in an online American Bar Association panel titled “I Always Think That Everything Could Be A Trap: Ethical Dilemmas in Tax Controversy” on Tuesday, August 13, 2024 at 1pm EDT.
Description: As a tax controversy attorney, you never know what a client might ask, do, or say. A simple audit could soon become a complex web of issues, conflicting interests, and legal dilemmas. This program will discuss scenarios tax controversy attorneys face, address different ethical rules that apply, and dive into some of the true gray areas of a tax controversy practice.
Panelists:

Megan L. Brackney, Kostelanetz LLP
Zhanna A. Ziering, Moore Tax Law Group LLC
Aaron M. Esman, Moore Tax Law Group LLC

For full program details and registration information, please click here.
1.5 hours of CLE Ethics credit are available for this event.

Bringing Your Client Into Compliance Without Coloring Outside The Lines
2024-09-10 13:45 - 14:45 (America/New_York)
Caroline D. Ciraolo will moderate a panel titled “Bringing your client into compliance without coloring outside the lines” as part of the 5th Annual International Tax Conference hosted by the International Fiscal Association (IFA). The conference will take place virtually on September 10 & 11.
Description: Your client failed to report interests in or control over foreign financial accounts, foreign entities, foreign trusts, or gifts from foreign individuals. You know there are several paths to compliance, some much more favorable than others, and your client insists on the broadest protection at the lowest possible cost. This all-to-common scenario presents thorny ethical dilemmas for tax professionals. This panel will walk through the lifecycle of bringing a client with international tax issues into compliance, the ethical issues tax professionals face along the way, the current, relevant authority and guidance, and best practices.
Moderator:

Caroline D. Ciraolo, Kostelanetz LLP, Washington, D.C.

Panelists:

Christopher Rizek, Holland & Knight, Washington, DC
Guinevere Moore, Moore Tax Law, Chicago, IL
Rochelle Hodes, Crowe, Washington, DC

For full program details and registration information, please click here.

Top 10 Federal Tax Issues
2024-10-05 10:15 - 11:30 (America/Los_Angeles)
On October 5, 2024, Megan L. Brackney will participate in a panel titled “Top 10 Federal Tax Issues” as part of the National Association of State Bar Tax Sections’ 45th Annual Conference in Boston, MA. This in-person event will feature speakers and recognized leaders in the estate planning, federal, state and local tax fields and provide attendees with opportunities to learn about and discuss current tax issues.
Panel Description:
This session will discuss current developments and hot topics in federal tax practice, focusing on the recent U.S. Supreme Court decisions in Moore v. United States and Loper Bright Enterprises v. Raimondo and their practical impact on taxpayers, as well as recent federal appeals court decisions including cases related to Tax Court jurisdiction and state law limited partners and self-employment tax. We will also discuss current developments related to IRS enforcement priorities, including private placement life insurance and international information return penalties.
Moderator:

Jaye Calhoun, Kean Miller, New Orleans, LA

Panelists:

Megan L. Brackney, Kostelanetz LLP, New York, NY
John A. Karasek, McDermott Will & Emery, Boston, MA
Brock E. Whalen, Holland & Knight, Austin, TX

For full program details and registration information, please click here.

Ethical Considerations in Jury Selection
2024-10-16 13:45 - 14:45 (America/Los_Angeles)
Kostelanetz LLP partner Sharon McCarthy spoke at the Trial By Jury 2024 program, hosted by the Practicing Law Institute (PLI) on October 16, 2024, in New York City. The panel, “Ethical Considerations in Jury Selection,” addressed the ethical challenges of using jury consultants and investigating jurors through social media. The panel explored how to avoid ethical pitfalls during voir dire and the extent to which a juror’s online presence should factor into their suitability.
Trial By Jury was a one-day program designed for both new trial attorneys and seasoned litigators. It featured sessions taught by prominent federal and state judges, as well as leading litigators from top law firms across the United States. Attendees refined their skills in jury selection, cross-examination, opening and closing statements, and managing ethical issues that arise during jury trials.
Other participants on the panel included the Hon. Stewart D. Aaron of the United States District Court, Southern District of New York; Anirudh Bansal of Cahill Gordon & Reindel LLP; and the Hon. Margaret M. Garnett of the United States District Court, Southern District of New York.
You can learn more here.
Sharon McCarthy is a Fellow of the American College of Trial Lawyers and an award-winning litigator with extensive public service experience, including her tenure as an Assistant US District Attorney in the Southern District of New York. Twice a recipient of the Director’s Award for Superior Performance, Sharon has prosecuted cases in the Violent Crimes and Public Corruption units. Her practice areas include tax fraud, securities fraud, and insider trading, and she also conducts internal investigations for corporate and institutional clients. Sharon serves as an adjunct professor at Fordham Law School, teaching trial advocacy, and has been recognized by New York Super Lawyers and Best Lawyers in America for her work in white-collar criminal defense.

'IRS Enforcement Efforts and the Path Ahead From the Experts'
2024-10-20 13:15 - 15:45 (America/Los_Angeles)
Kostelanetz LLP partner Megan L. Brackney spoke on two panels at the 83rd NYU School of Professional Studies Institute on Federal Taxation, a six-day program dedicated to high-level discussions on federal tax matters, tax code updates, and key developments in tax administration. Megan’s panels focused on IRS enforcement and professional ethics in tax practice, two critical areas for tax professionals.
Her first panel, “IRS Enforcement Efforts and the Path Ahead,” took place on Thursday, October 20 from 1:15 to 2:45 PM. This session will feature the IRS’s former Commissioner, IRS Chief Counsel, and Counselor to the IRS Commissioner, providing valuable context and insights into the IRS’s long-term strategy, which includes its Congressional mandate and $60 billion in supplemental funding to enhance enforcement efforts. The panel will focus on enforcement priorities related to digital assets, large corporations, large partnerships, and high-net-worth individuals, offering a forward-looking view of what tax professionals should expect as the IRS implements new programs aimed at these groups.
Megan also joined the “From the Experts: Professional Responsibility Issues in Your Tax Practice” panel from 2:45 to 3:45 PM. This session covered the ethical and professional challenges tax practitioners face when representing clients in disputes with the IRS. With real-world, practical advice from seasoned professionals, this panel discussed various factual scenarios to help practitioners navigate tricky ethical dilemmas and ensure they protect both themselves and their clients.
The NYU Institute on Federal Taxation takes place at The Westin New York at Times Square from October 20-25, 2024. It offered continuing education credit to attendees, and Kostelanetz LLP is a Silver sponsor of the event.
Event details are available here.
Partner Megan L. Brackney is an experienced tax attorney, Chair-Elect of the American Bar Association Section of Taxation, and an adjunct professor at New York University School of Law. Megan is also former Assistant U.S. Attorney for the Southern District of New York and a frequent speaker and contributor at local and national conferences on taxation, ethics in tax practice, penalties, and tax controversy.

Tax Penalties after the Revolution of Summer ’24 for the Tax Section of the Florida Bar
2024-10-23 12:00 - 13:00 (America/New_York)
Kostelanetz counsel Gray Proctor presented a virtual CLE session through the Florida Bar, “Tax Penalties after the Revolution of Summer ’24”.
The session covered how IRS penalties in future tax controversy and criminal tax fraud cases may be affected by the outcome of SEC v. Jarkesy, a Supreme Court case decided in June 2024 that found that the Seventh Amendment entitles a defendant to a jury trial when the Securities and Exchange Commission seeks civil penalties for securities fraud.
The Jarkesy decision is apt to be tested in the coming months and years, because the Supreme Court’s opinion arguably applies to “punitive” civil penalties imposed by other administrative agencies, including the IRS. Gray discussed potential federal policy responses that could result from the case if courts begin to find that taxpayers now have the right to a jury trial in federal district courts where tax penalties are contested.
The session was held on October 23, 2024, via Zoom, offering one hour of CLE credit for free to members of the tax section of the Florida Bar. You can learn more about this session and watch the recording here.
Gray is an experienced and accomplished appellate advocate who represents clients facing both civil and criminal penalties. He also maintains a trial support practice focusing on dispositive motions and other key issues upon which an appeal might follow.

40th Annual UCLA Tax Controversy Conference
2024-10-24 08:30 - 18:00 (America/New_York)
Kostelanetz LLP partner Caroline Ciraolo will participate in a panel discussion during UCLA’s 40th Annual Tax Controversy Conference on October 24, 2024, at the Beverly Hills Hotel in Beverly Hills, California. Caroline will speak on, “The Investigation, Assertion, and Defense of Civil Fraud Penalties” from 11:10 am – 12 pm.
Kostelanetz LLP is a proud sponsor of the 40th Annual UCLA Extension’s Annual Tax Controversy Conference, the preeminent conference exclusively dedicated to tax controversy and tax litigation. This event provides an open forum for distinguished presenters and panelists to discuss, and often debate, sensitive tax practice issues with an engaged audience. It is ideal for tax attorneys, accountants, CPAs, enrolled agents, financial advisors, and other tax professionals. Accounting, tax, and law students are also encouraged to attend.
You can learn more about the event and register here.
Caroline Ciraolo, former Acting Assistant Attorney General of the U.S. Department of Justice’s Tax Division, is a partner with Kostelanetz LLP and founder of its Washington, D.C. office. Her practice focuses on federal and state civil tax controversies, including representation in sensitive audits, administrative appeals, and litigation, providing tax advice, conducting internal investigations, and representing individuals and entities in criminal tax investigations and prosecutions. She also serves as a consulting and testifying expert witness and an independent mediator in tax disputes.

Let’s Come to An Agreement – The Benefits and Pitfalls of Alternative Dispute Resolution of Tax Controversies
2024-10-24 14:10 - 15:10 (America/New_York)
Kostelanetz LLP counsel Dan Rosen will participate in a panel discussion during UCLA’s 40th Annual Tax Controversy Conference on October 24, 2024, at the Beverly Hills Hotel. Dan will speak on, “Let’s Come to An Agreement – The Benefits and Pitfalls of Alternative Dispute Resolution of Tax Controversies” from 2:10 pm – 3:10 pm.
Kostelanetz LLP is a proud sponsor of the 40th Annual UCLA Extension’s Annual Tax Controversy Conference, the preeminent conference exclusively dedicated to tax controversy and tax litigation. This event provides an open forum for distinguished presenters and panelists to discuss, and often debate, sensitive tax practice issues with an engaged audience. It is ideal for tax attorneys, accountants, CPAs, enrolled agents, financial advisors, and other tax professionals. Accounting, tax, and law students are also encouraged to attend.
You can learn more about the event and register here.
Daniel Rosen is of Counsel at Kostelanetz LLP. He is a veteran trial lawyer with over 24 years of experience in private practice and with the IRS Office of Chief Counsel

Superman’s Krypto – The IRS’s Focus on Civil and Criminal Enforcement of Cryptocurrency
2024-10-24 16:45 - 17:50 (America/New_York)
Kostelanetz LLP partner Jay Nanavati will participate in a panel discussion during UCLA’s 40th Annual Tax Controversy Conference on October 24, 2024, at the Beverly Hills Hotel. Jay will speak on, “Superman’s Krypto – The IRS’s Focus on Civil and Criminal Enforcement of Cryptocurrency” from 4:45 pm – 5:50 pm.
Kostelanetz LLP is a proud sponsor of the 40th Annual UCLA Extension’s Annual Tax Controversy Conference, the preeminent conference exclusively dedicated to tax controversy and tax litigation. This event provides an open forum for distinguished presenters and panelists to discuss, and often debate, sensitive tax practice issues with an engaged audience. It is ideal for tax attorneys, accountants, CPAs, enrolled agents, financial advisors, and other tax professionals. Accounting, tax, and law students are also encouraged to attend.
You can learn more about the event and register here.
Jay Nanavati is a criminal tax defense attorney and a fellow of both the American College of Trial Lawyers and the American College of Tax Counsel. According to Chambers USA, which has ranked him nationally for the last seven years, Jay “is held in high regard for his strength in handling criminal tax matters . . .He is an excellent trial attorney, he’s very sophisticated. His judgment is excellent.”

83rd Annual NYU Institute on Federal Taxation - The Tax Advisor as Provider of Tax Insurance and Penalty Protection: Ethical Guardrails and Limits and Malpractice Risks
2024-10-24 17:15 - 18:55 (America/New_York)
Kostelanetz LLP partner Bryan C. Skarlatos will speak on a key panel at the 83rd Institute on Federal Taxation, hosted by the NYU School of Professional Studies (SPS) from October 20-25, 2024, at The Westin New York at Times Square. Bryan will present on “The Tax Advisor as Provider of Tax Insurance and Penalty Protection: Ethical Guardrails and Limits and Malpractice Risks,” a session examining the role of tax advisors in providing guidance that can serve as insurance to help abate IRS penalties. The panel will explore ethical standards, limitations of tax opinions, and third-party tax insurance, taking place on Thursday, October 24th, from 5:15-6:55 PM.
Now in its 83rd year, the Institute focuses on high-level tax matters, including updates in tax administration, recent tax code changes, and expert analysis of topics such as trust and estate matters, tax controversy, executive compensation, and international taxation. Attendees will gain insights from practitioners and educators that could help them save their clients’ tax dollars and provide outstanding service.
Continuing education credit is available to attendees, and Kostelanetz LLP is a Silver sponsor of the event, with Bryan serving on the advisory board.
The Institute draws tax professionals from across the country, including attorneys, accountants, financial planners, and tax law specialists, making it one of the premier gatherings for federal tax expertise.
You can learn more about the event and register here.
Bryan C. Skarlatos is a tax controversy attorney with over 30 years of experience. He has been recognized by Super Lawyers as one of New York’s Top 100 lawyers and was named “Lawyer of the Year” for New York tax litigation for 2025. In addition to serving on the advisory board of NYU’s Institute on Federal Taxation, Bryan is an adjunct professor at NYU School of Law. He also founded the annual New York University Tax Controversy Forum. He is frequently retained by individual and corporate clients, as well as foreign and state governments, to provide expert testimony on tax penalties.

IRS International Information Reporting Penalties – Current Updates and Avoiding Malpractice Claims
2024-10-31 10:30 - 11:30 (America/Los_Angeles)
Kostelanetz LLP partner Michael Sardar will be featured at the 2024 Procopio International Tax Institute (PITI) conference, which will take place from October 30 to November 1, 2024, at the Intercontinental Hotel in San Diego, CA. As part of a breakout session, “IRS International Information Reporting Penalties: Current Updates and Avoiding Malpractice Claims,” Michael will speak alongside IRS attorney advisor Lara A. Banjanin on October 31 from 10:30-11:30 AM PT. The session will also include Eric D. Swenson, partner at Procopio, and Daniel N. Price, founder of the Law Office of Daniel N. Price.
The three-day PITI conference, affiliated with Georgetown Law’s graduate tax program, is dedicated to cross-border tax issues and international tax compliance between the US and Mexico. It is designed for tax law practitioners, corporate tax departments, financial managers, government officials, and attorneys practicing in the US and Mexico. Attendees will learn about US-Mexico tax relations, M&A from a US-Mexico perspective, navigating trusts and estates in Mexico, and resolving international tax controversies.
Discounts are available for students, professors, and government employees.
International tax compliance can be difficult for clients to navigate, as regulations are often unclear and may not align with the realities of international transactions. PITI 2024 provides a unique opportunity to explore the complexities of US-Mexico tax relations and understand the far-reaching impacts of cross-border transactions. Sardar’s session will focus on contemporary issues surrounding foreign reporting obligations, upcoming changes expected in 2025, and strategies to best prepare clients for tax compliance measures.
Learn more about PITI 2024 and register here.
Michael Sardar is an experienced tax attorney and co-chair of the Federal Bar Association’s section on taxation’s New York chapter. Michael has vast experience in IRS foreign bank and asset reporting (FBAR) requirements and the IRS Offshore Voluntary Disclosure Program. He represents a variety of clients in civil and criminal tax investigations and prosecutions, as well as other white-collar criminal matters in New York State and New York City.

Balancing Tax Planning, Advocacy, And Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know (CLE)
2024-11-01 13:15 - 14:15 (America/New_York)
On November 1, 2024, Bryan C. Skarlatos will co-moderate a panel titled “Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know” as part of the Practising Law Institute’s “Tax Strategies 2024 – New York City” programming. Attendees will receive the latest information, strategies, and practical insights available from leading tax practitioners across the United States, along with policymakers from the IRS and the Department of the Treasury.
Course Description:
This panel will focus on the various judicial doctrines and ethical issues that arise in the corporate tax planning process. After completing this session, participants will be able to:

Identify the ethical rules related to advising clients on corporate transactions, including standards derived from the Internal Revenue Code, Circular 230, the AICPA Statements on Standards for Tax Services, and the ABA Model Rules of Professional Conduct.
Avoid the ethical pitfalls that arise when providing tax opinions and recommending return positions.
Respond to the IRS in an audit.

Moderators:

Bryan C. Skarlatos, Kostelanetz LLP, New York City
S. Starling Marshall, Crowell & Moring, New York City

For full program details and registration information, please click here.
CLE credit is available for this event.

Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2024 New York City
2024-11-01 13:15 - 14:15 (America/New_York)
Kostelanetz LLP partner Bryan C. Skarlatos will speak at the Practicing Law Institute’s (PLI) three-day program, Tax Strategies 2024, which focuses on complex corporate tax issues and transactions. Bryan will participate in a panel titled “Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know” with S. Starling Marshall on Friday, November 1 at 1:15 PM EST. This session will cover the ethical challenges that corporate tax advisors face during the tax planning process, discussing critical judicial doctrines and standards such as Circular 230, AICPA Statements on Standards for Tax Services, and the ABA Model Rules of Professional Conduct. Attendees will gain insights into how to navigate ethical pitfalls and avoid malpractice while providing tax opinions to corporate clients.
Tax Strategies 2024 is designed for tax professionals specializing in corporate transactions, including M&A, reorganizations, joint ventures, and cross-border activity. The conference will take place in New York City from October 30 to November 1, 2024, with additional sessions scheduled for Chicago and Los Angeles later in the year. The event includes in-depth discussions on the tax impacts of corporate transactions, tax controversy issues, and the role of financial instruments in litigation. Virtual participation options are available for both the New York and Chicago programs.
You can learn more about Tax Strategies 2024 and register here.
Bryan C. Skarlatos is a tax controversy attorney with over 30 years of experience. He has been recognized by Super Lawyers as one of New York’s Top 100 lawyers and was named “Lawyer of the Year” for New York tax litigation for 2025. In addition to serving on the advisory board of NYU’s Institute on Federal Taxation, Bryan is an adjunct professor at NYU School of Law. He also founded the annual New York University Tax Controversy Forum. He is frequently retained by individual and corporate clients, as well as foreign and state governments, to provide expert testimony on tax penalties.

2024 Hawaii Tax Institute
2024-11-03 - 2024-11-07
Kostelanetz partner Caroline Ciraolo and Director of Investigations Don Fort participated in multiple panels at the 61st annual Hawaii Tax Institute, the largest tax and wealth transfer conference in the U.S. that takes place in Waikiki Beach in Honolulu.
The comprehensive five-day conference covers several aspects of wealth transfers, tax administration, estate and tax planning, and tax controversy as they pertain to high-net-worth individuals. You can learn more about the Hawaii Tax Institute here.
Caroline and/or Don participated in the following:
Monday, November 4, 1:30 PM – 2:15 PM: “Is the Tide Turning? Current Developments Regarding International Information Return Penalties and Ethical Considerations”
Caroline spoke on this panel covering recent developments in the international tax space concerning the often onerous civil penalties taxpayers face for failure to report their interests in certain foreign entities, assets, accounts, and transactions.
Tuesday, November 5, 6:30 AM – 7:45 AM: “Early Bird Bonus Session: Tax Treaties for the Wealth Transfer Professional”
Caroline spoke at this early morning panel covering the complex and often misunderstood areas of wealth transfer tax planning, reporting obligations, and tax enforcement that apply to foreign and dual residents who may be eligible for reduced tax rates or tax avoidance under tax treaties.
Tuesday, November 5, 11:00 AM – 11:45 AM: “How the IRS Is Changing and What to Expect in the Future”
Caroline moderated this panel, and Don joined other former and current IRS leaders to speak on the technological, personnel, and administrative changes that have occurred and are anticipated under the Inflation Reduction Act.
Wednesday, November 6, 2:30 PM – 3:20 PM: “Conducting Financial Investigations from Both Sides of the Aisle”
Don spoke on this panel alongside other former and current IRS leaders on both the defense and prosecution perspectives of criminal tax investigations and prosecutions. The panel
included a deep dive into methodologies, strategies, and techniques in complex financial investigations, ethical issues, and legal frameworks involved.
Caroline, a former Acting Assistant Attorney General of the U.S. Department of Justice’s Tax Division, focuses her practice on federal and state civil tax controversies, including representation in sensitive audits, administrative appeals, and litigation, providing tax advice, serving as a neutral in alternative dispute resolutions, providing expert consultations and testimony, conducting internal investigations, and representing individuals and entities in criminal tax investigations and prosecutions.
Don is the Director of Investigations at Kostelanetz LLP and the former Chief of the Internal Revenue Service’s Criminal Investigation Division. Having spent nearly 30 years in law enforcement for the federal government, Don has deep expertise in financial crimes and has an extensive network of connections both within the government and in private industry.

Tax Enforcement Trends: What’s Hot and What’s Not
2024-11-08 10:15 - 11:05 (America/New_York) | Mohegan Sun Resort & Casino, 1 Mohegan Sun Blvd., Uncasville, CT, 06382, United States
Kostelanetz partner Christopher Ferguson will speak at the IRS Representation Conference on November 8, 2024. He is a panelist for the session “Enforcement Trends: What’s Hot and What’s Not” that will be held from 10:15 AM to 11:05 AM Eastern.
The panel will cover a variety of tax enforcement topics, such as the IRS’s efforts with respect to the Employee Retention Credit, cryptocurrency, payroll tax debt, high net worth non-filers, and other hot issues. The panel will also cover what practitioners can expect in examinations, collections, and criminal tax investigations in 2025.
The New England IRS Representation Conference will be held November 7-8, 2024, at the Mohegan Sun Resort and Casino in Uncasville, CT. Ten hours of continuing education credit, including one hour of ethics, can be earned by attending the event. Virtual attendance options are available. You can learn more about the conference here.
Chris has over two decades of experience as a litigator, concentrating his practice on white-collar criminal defense as well as civil tax controversies, criminal tax fraud, and other regulatory enforcement matters. Chris also has extensive experience handling complex civil litigation and internal investigations.
CLE credit is available for this event.

The Difficult Audit: Navigating Large Adjustments and Keeping Them Civil
2024-11-12 13:50 - 15:30 (America/Los_Angeles)
Kostelanetz LLP partner Michael Sardar will lead a session at the 2024 Taxpayer Representation Super Conference, hosted by the American Society of Tax Problem Solvers (ASTPS), from November 12-14, 2024, at Embassy Suites San Antonio Riverwalk. Michael’s session, “The Difficult Audit: Navigating Large Adjustments and Keeping Them Civil,” on November 12 from 1:50 pm to 3:30 pm will focus on managing risk in large and complex IRS audits, where large adjustments are likely. He will guide attendees through strategies for preserving clients’ privileges during sensitive audits, recognizing signs that an audit could escalate to a criminal investigation and ensuring clients remain compliant with their tax reporting obligations.
The Super Conference, a three-day event dedicated to representing clients before the IRS, features 15 sessions on high-level tax resolution topics. Attendees, including practitioners who focus on criminal and civil tax matters, white-collar criminal defense and government investigations, and tax controversy, will learn about issues ranging from criminal tax investigations to tax controversy litigation.
As IRS enforcement is expected to increase in 2025, the conference provides timely insights. Other notable sessions include how to file a protest letter to appeal denied Offers in Compromise, the IRS’s use of AI in auditing high-income taxpayers, and strategies for handling cases led by newly hired IRS agents.
You can learn more about the ASTPS Super Conference and register here. While live attendance in San Antonio is currently waitlisted, virtual attendance options are still available.
Michael Sardar is an experienced tax attorney and co-chair of the Federal Bar Association’s section on taxation’s New York chapter. Michael has vast experience in IRS foreign bank and asset reporting (FBAR) requirements and the IRS Offshore Voluntary Disclosure Program. He represents a variety of clients in civil and criminal tax investigations and prosecutions and other white-collar criminal matters in New York State and New York City.

"Winning Business in New York" panel during City & State New York’s Government Procurement Conference
2024-11-14 10:45 - 11:40 (America/New_York)
On November 14th, 2024, Usman Mohammad will be speaking on a panel titled, “Winning Business in New York,” during City & State New York’s Government Procurement Conference: Optimizing Costs, Mitigating Risks, & Enabling Business Growth. The Government Procurement Conference will foster business partnerships between the city and state level government, prime contractors, and small, minority, service-disabled veteran-owned, veteran-owned, and women-owned businesses.
Panel Description:
This panel offers a detailed discussion about the New York procurement process and finding ways to succeed. What are the most effective strategies addressing challenges including the possibility of an economic downturn, methods to winning the bidding process, and making sense of various kinds of RFPs, plus you will hear what NY government entities want from potential contractors.
Moderator:

Carlo Scissura, President, New York Building Congress

Panelists:

Usman Mohammad, Counsel, Kostelanetz LLP
Roman Gofman, Deputy Commissioner, NYC Office of Citywide Procurement
Lisette Camilo, Chief Administrative Officer, Metropolitan Transit Authority
Marc Hiller, General Counsel and Director of Procurement Services, Ostroff Associates, Inc.

Additional information on the event, including registration, is available here.

Balancing Tax Planning, Advocacy, And Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know (CLE)
2024-11-15 13:15 - 14:15 (America/Chicago)
On November 15, 2024, Megan L. Brackney will co-moderate a panel titled “Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know” as part of the Practising Law Institute’s “Tax Strategies 2024 – Chicago” programming. Attendees will receive the latest information, strategies, and practical insights available from leading tax practitioners across the United States, along with policymakers from the IRS and the Department of the Treasury.
Course Description:
This panel will focus on the various judicial doctrines and ethical issues that arise in the corporate tax planning process. After completing this session, participants will be able to:

Identify the ethical rules related to advising clients on corporate transactions, including standards derived from the Internal Revenue Code, Circular 230, the AICPA Statements on Standards for Tax Services, and the ABA Model Rules of Professional Conduct.
Avoid the ethical pitfalls that arise when providing tax opinions and recommending return positions.
Respond to the IRS in an audit.

Moderators:

Megan L. Brackney, Kostelanetz LLP, New York City
Jennifer E. Breen, Morgan, Lewis & Bockius, Washington, D.C.

For full program details and registration information, please click here.
CLE credit is available for this event.

Ethics in Tax: Standards for Tax Advice
2024-11-21 09:00 - 09:55 (America/Los_Angeles)
Kostelanetz LLP partner Megan L. Brackney will kick off the Committee of Banking Institutions on Taxation (CBIT) 2024 Fall Tax Day with a session on November 21, 2024, from 9:00-9:55 AM on ethical standards for dispensing tax advice. Known for her extensive knowledge of tax ethics, Megan regularly educates other tax professionals on how to navigate the complexities of ethical issues in tax practice. Her session will be a valuable opportunity to explore current tax challenges while ensuring adherence to the highest ethical standards.
Fall Tax Day will take place at Arno Ristorante in New York City. The event begins at 8:45 AM and includes a full day of sessions covering topics like tax reporting regulations for digital assets, capital gains reporting, among other types of gains, and foreign trusts. Speakers from other prestigious firms such as PwC, Wolters Kluwer, and KPMG will join, along with insights from government professionals.
The cost to attend is $75 for CBIT Education members and $125 for non-members, with discounted rates available for members’ guests. Tax students and public service professionals may be eligible for waived registration fees. A cocktail reception at 4:30 PM concludes the day’s events.
You can learn more about CBIT’s 2024 Fall Tax Day and register here.
Partner Megan L. Brackney is an experienced tax attorney, Chair-Elect of the American Bar Association Section of Taxation, and an adjunct professor at New York University School of Law. Megan is also former Assistant U.S. Attorney for the Southern District of New York and a frequent speaker and contributor at local and national conferences on taxation, ethics in tax practice, penalties, and tax controversy.

Balancing Tax Planning, Advocacy, And Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know (CLE)
2024-12-13 13:15 - 14:15 (America/Los_Angeles)
On December 13, 2024, Andrew Weiner will co-moderate a panel titled “Balancing Tax Planning, Advocacy, and Professional Ethics: The Rules That Every Corporate Tax Advisor Should Know” as part of the Practising Law Institute’s “Tax Strategies 2024 – Los Angeles” programming. Attendees will receive the latest information, strategies, and practical insights available from leading tax practitioners across the United States, along with policymakers from the IRS and the Department of the Treasury.
Course Description:
This panel will focus on the various judicial doctrines and ethical issues that arise in the corporate tax planning process. After completing this session, participants will be able to:

Identify the ethical rules related to advising clients on corporate transactions, including standards derived from the Internal Revenue Code, Circular 230, the AICPA Statements on Standards for Tax Services, and the ABA Model Rules of Professional Conduct.
Avoid the ethical pitfalls that arise when providing tax opinions and recommending return positions.
Respond to the IRS in an audit.

Moderators:

Andrew Weiner, Kostelanetz LLP, Washington, D.C.
Chad D. Nardiello, Nardiello Turanchik Tompkins LLP, Los Angeles

For full program details and registration information, please click here.
CLE credit is available for this event.

Defending Your Client in the Age of Fraud Enforcement: 2025 International Tax Conference Session
2025-01-09 - 2025-01-10
Kostelanetz partner Caroline Ciraolo is a speaker at the 2025 International Tax Conference taking place January 9-10, 2025, in Miami, Florida.
Caroline’s session, “Defending Your Client in the Age of Fraud Enforcement,” covers tax defense strategies for clients with cross-border activity in the wake of ramped-up IRS enforcement activity. She is presenting with Jeffrey Neiman, a founding partner of Marcus Neiman Rashbaum & Pineiro LLP.
The ITC is sponsored by the Florida Bar Tax Section and the Florida Institute of Certified Public Accountants. The conference is designed for tax professionals who focus on international taxation planning and compliance, international tax controversies, and managing multinational clients’ needs.
CLE credit is available. You can learn more about the conference here.
Caroline, a former Acting Assistant Attorney General of the U.S. Department of Justice’s Tax Division, focuses her practice on federal and state civil tax controversies, including representation in sensitive audits, administrative appeals, and litigation, providing tax advice, conducting internal investigations, representing individuals and entities in criminal tax investigations and prosecutions, serving as an expert witness in tax controversy-related matters, and mediating civil tax disputes at the administrative stage and in litigation.

Cross-Border Real Estate Investments
2025-02-17 - 2025-02-18
Counsel Eduardo Cukier will speak at the 2025 International Tax Conference hosted by the University of San Diego School of Law and Chamberlain Hrdlicka Law Firm.
Eduardo’s panel, “Cross-Border Real Estate Investments,” will be held on Tuesday, February 18, from 11:15 a.m. to 12:05 p.m. The panel will discuss U.S. and Mexican tax and other considerations of cross-border real estate investments between the U.S. and Mexico. Eduardo will be joined by Patrick W. Martin of Chamberlain Hrdlicka and Rodrigo Adam of HgL Asesores.
The 2025 International Tax Conference will be held at Centro Internacional de Congresos (CIC) in Mérida, Yucatán, México on February 17-18, 2025. Sessions and panels will cover a variety of business, personal, and fiduciary cross-border taxation issues such as cross-border financing, international tax controversies, foreign tax credits, tax treaty considerations, and more. Kostelanetz partner Caroline Ciraolo is also a member of the International Tax Conference’s advisory board.
You can learn more about the conference and register here.
Eduardo focuses his practice on international tax issues concerning multinational businesses and high-net-worth clients. Having many years of experience with taxation and legal frameworks in both the U.S. and Latin America, Eduardo works with both domestic and multinational clients from a wide range of industries on foreign and domestic mergers and acquisitions, business restructuring, and cross-border litigation.
