Kostelanetz LLP

Forms 5471 and 5472: Meeting the Substantially Complete Standards
2025-01-07
Kostelanetz partner Michael Sardar participates in an international tax compliance webinar through continuing educator provider Strafford on January 7, 2025. The recorded session is available for purchase.
The session, titled “Forms 5471 and 5472: Meeting the Substantially Complete Standards,” covers best practices for meeting the substantially complete standard in filling out Forms 5471 and 5472 for clients with any international ownership. These two IRS forms are among the most complex information returns that tax practitioners come across. They are also crucial information returns in international tax compliance.
Because these forms require information that can be subject to change frequently, it is very easy for oversight mistakes to occur. Therefore, Forms 5471 and 5472 are often deemed incomplete by the IRS, which can result in steep penalties. Learning how to correctly and substantially complete Forms 5471 and 5472 is critical for entities with one or more foreign owners or any other offshore ownership that could mandate the filing of these forms.
You can learn more about the webinar and purchase the recording here.
Michael represents clients in all stages of civil and criminal tax controversies before the Internal Revenue Service (IRS), state tax authorities, the Department of Justice, and local prosecutors. He has also represented scores of clients with unreported foreign assets, enabling the repatriation of over half a billion dollars of offshore assets through the IRS Offshore Voluntary Disclosure Program, the Streamlined Compliance Procedures, and the IRS’ current Voluntary Disclosure Practice.

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.

ABA 2024 Criminal Tax Fraud and Tax Controversy Conference
2024-12-12 - 2024-12-14
Kostelanetz attorneys will be speaking on various panels at the American Bar Association’s 2024 Criminal Tax Fraud and Tax Controversy Conference, which is being held from Dec. 12-14, 2024, in Las Vegas.
Our lawyers will demonstrate their experience and knowhow on topics ranging from defense of high-wealth taxpayers and ethical considerations in criminal tax investigations to the current state of the IRS Voluntary Disclosure Program, the legal landscape for Syndicated Conservation Easements, and how the legal profession can promote diversity in its ranks.
Attendees can earn CLE credit throughout the conference. The full conference is eligible for 14.75 hours of CLE in 60-minute states (17.70 in 50-minute states like New York). The conference website can be found here.
Please join us for the following panels.

Friday, Dec. 13 — 9:15 AM – 10:15 AM
Defending High-Wealth Taxpayers In Civil And Criminal Tax Enforcement
Partner Bryan Skarlatos will participate in a panel of highly experienced practitioners who will address how to be ready for the substantive and procedural issues that may arise in enforcement cases against high-wealth taxpayers, including a discussion of the importance of understanding the bigger picture in which a high-wealth client may operate. The IRS has identified these types of cases as an enforcement priority.
Other participants include moderator Charles P. Rettig, Chamberlain Hrdlicka, and panelists Sheri Dillon, Morgan, Lewis & Bockius LLP; Charles Hodges, Jones Day; and Matthew Lerner, Sidley Austin LLP.

Friday, Dec. 13 — 11:30 AM – 12:30 PM
How Not To Be A Witness Against Your Client: Ethical And Other Considerations In Criminal Tax Investigations (Ethics CLE)
Partner Jay Nanavati will participate in a panel that will explore questions such as, what happens if your proffer in a criminal investigation turns out to be based on erroneous information from your client? What do you do when the grand jury subpoena calls for the client’s records, but those records are, in fact, fraudulent? The panel will discuss how to avoid these pitfalls and the ethical issues that arise when difficult choices must be made.
Other participants include moderator Patricia A. Pileggi, ArentFox Schiff, and panelists Tino Lisella, Carlton Fields; Jeffrey Neiman, Marcus Neiman & Rashbaum LLP; and Rod Rosenstein, King & Spalding LLP.

Friday, December 13 — 1:45 PM – 2:45 PM
Voluntary Disclosure: Where Are We Now?
Partner Michael Sardar will participate in a panel addressing the current state of voluntary disclosure programs and their effectiveness in aiding clients with tax compliance. The discussion will cover the evolution of these programs, the future of silent disclosures, and recent changes to the IRS’s voluntary disclosure practice. The panel will also share strategies on how to assist taxpayers in navigating the revised IRS Voluntary Disclosure Practice.
Other participants include moderator Larry Campagna, Chamberlain Hrdlicka, and speakers Dan Price, Law Offices of Daniel N. Price; and Zhanna Ziering, Moore Tax Law Group.

Friday, Dec. 13 — 5:00 PM – 6:00 PM
How The Legal Community Can Focus On Diversity Within Firms And In Service To Our Clients (Elimination of Bias CLE)
Partner Caroline Ciraolo will moderate a panel discussion on the importance of diversity and inclusion within law firms and the legal profession, so that firms can better assist clients in addressing their needs in navigating challenges in addressing their tax issues. Diversity comes in many forms, including national or cultural origin and visible and nonvisible health and physical limitations, as well as more commonly recognized differences in race, gender, sexual identity, sexual orientation, and myriad others. This panel will address how to be more aware of diversity challenges, including, as examples, language or physical barriers, and what resources are available at the IRS and Tax Court to help lawyers meet these challenges. The panel will be introduced by Kostelanetz associate Abigail Burke.
Other participants include panelists Erin M. Collins, National Taxpayer Advocate, IRS Taxpayer Advocate Service; Hon. Maurice B. Foley, Judge, United States Tax Court; and Michael Eddison Romero, Taylor Nelson Amitrano LLP.

Saturday, Dec. 14 — 11:00 AM – 12:00 PM
Conservation Easements: The Year In Review, And What To Expect
Partner Andy Steigleder will moderate a panel on the IRS’s continued focus on conservation easement issues. We have seen criminal and civil trials, with more to come. The panel will discuss key decisions over the past year and what is likely on the horizon.
Other participants include speakers Niles A. Elber, Caplin & Drysdale; Brian Gardner, Asbury Law Firm; Sarah Green, Dentons; Byung Hyuk (Billy) Min, Agostino & Associates P.C.; Carneil Wilson, Dentons.

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)
2024-11-15 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.

"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.

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.

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.

Kostelanetz Partner and Director of Investigations Participate in 61st Annual Hawaii Tax Institute
2024-11-03 - 2024-11-07
Partner Caroline Ciraolo and Director of Investigations Don Fort are members of the faculty for the 61st Annual Hawaii Tax Institute which takes place November 3-7 on the island of Oahu. This event provides unparalleled education and professional development opportunities delivered by a diverse and distinguished faculty of recognized tax and wealth transfer authorities with a positive approach to current and practical subjects. This event is designed for attorneys, accountants, financial planners, planned giving professionals, bank and trust administrators, insurance agents, elder law specialists, non-profit administrators, wealth management professionals, enrolled agents, educators, and others who would benefit from high-quality continuing education.
Caroline will participate in the following three Hawaii Tax Institute sessions:
Monday, November 4, 1:30 PM – 2:15 PM: Is the Tide Turning? Current Developments Regarding International Information Return Penalties and Ethical Considerations
Over the past decade, the IRS has assessed staggering civil penalties for failure to comply with international reporting obligations involving foreign financial accounts and taxpayers’ interest in, and transactions with, foreign entities and trusts. After years of challenging these penalties with only limited success, taxpayers are achieving relief through litigation and, more recently, administrative appeals. This session will discuss the current developments, trends, and best practices in addressing non-compliance and related penalties in the international tax space.
Tuesday, November 5, 6:30 AM – 7:45 AM: Tax Treaties for the Wealth Transfer Professional
The United States has income tax and wealth transfer tax treaties with a number of foreign countries. Under these treaties, residents (not necessarily citizens) of foreign countries may be eligible to be taxed at a reduced rate, minimize wealth transfer taxation, and avoid double taxation that can arise when two countries both have the right to tax a decedent/taxpayer. Learn about this fascinating and usually misunderstood area of wealth transfer taxation and planning.
Tuesday, November 5, 11 AM – 11:45 AM: How the IRS Is Changing and What to Expect in the Future
Explore from behind the scenes, how the IRS is changing, who and what areas the IRS is currently focusing on, how the IRS is using technology, social media and artificial intelligence and what to expect in the future. This fascinating session will discuss and provide valuable information to all Wealth Transfer Advisor so they can better advise and protect their clients.
Don will participate in the following two Hawaii Tax Institute sessions:
Tuesday, November 5, 11 AM – 11:45 AM: How the IRS Is Changing and What to Expect in the Future
Explore from behind the scenes, how the IRS is changing, who and what areas the IRS is currently focusing on, how the IRS is using technology, social media and artificial intelligence and what to expect in the future. This fascinating session will discuss and provide valuable information to all Wealth Transfer Advisor so they can better advise and protect their clients.
Wednesday, November 6, 2:30 PM – 3:20 PM: Conducting Financial Investigations from Both Sides of the Aisle
This session will provide a comprehensive overview of methodologies, strategies, and techniques in conducting financial investigations from both the prosecution (government) and defense perspectives. The discussion will encompass a detailed examination of the distinct approaches utilized by each side. Learn from the prosecution standpoint, how the focus is on gathering irrefutable evidence through methods such as forensic accounting, data analysis, and legal instruments like subpoenas and search warrants, all while adhering to strict legal standards and ensuring evidence integrity. Discover conversely, how the defense aims to protect the client’s rights by critically analyzing the prosecution’s evidence, identifying procedural errors, and conducting independent forensic analyses to uncover exculpatory information. Understand that both perspectives require a deep understanding of financial systems, legal frameworks, and ethical considerations, as well as the ability to collaborate with a multidisciplinary team of experts to achieve a thorough and balanced investigation.

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 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.

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.

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.

UJA Federation of New York 55th Annual Sidney Kess New York Estate Tax and Financial Planning Conference
2024-10-30 16:00 - 17:00 (America/New_York)
Kostelanetz LLP partner Bryan C. Skarlatos will host a key session at the 55th Annual Sidney Kess New York Estate, Tax, and Financial Planning Conference, organized by the UJA Federation of New York. Bryan’s session, titled “Real-Life Ethical Issues That Arise When Advising Clients Pre-2026,” will take place on the second day of the virtual event, Wednesday, October 30th at 4 PM EST. This session will address critical ethical considerations for practitioners handling gift taxes during year-end planning engagements for 2025 and beyond, particularly as key provisions of the 2018 Tax Cuts and Jobs Act are set to sunset. The session also offers an ethics credit.
The Sidney Kess Conference will be held virtually from October 29-30, 2024, allowing attendees from around the globe to participate. The conference covers a broad range of federal and New York state tax topics, including federal estate taxes, closely-held businesses, and updates to New York tax law. Attendees can earn up to 14 CPE, CFP, and CLE credits.
You can learn more about the conference 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.

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.

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.”

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

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.

59th Annual Southern Federal Tax Institute: Update on IRS Enforcement Efforts for Partnerships and High-Net-Worth Individuals
2024-10-23 13:15 - 14:15 (America/New_York)
Kostelanetz LLP partner Bryan C. Skarlatos will speak at the 59th annual Southern Federal Tax Institute (SFTI) in Atlanta, GA. Bryan will join Matt Cooper of Deloitte Tax on a panel titled “Update on IRS Enforcement Efforts for Partnerships and High-Net-Worth Individuals.” This session, scheduled for Wednesday, October 23, from 1:15-2:15 PM, will provide insights into what practitioners can expect in 2025 as the IRS enhances enforcement efforts with increased staff and new goals aimed at targeting high-net-worth individuals and partnerships.
The Southern Federal Tax Institute is a key conference for practitioners who focus on complex federal tax issues, addressing recent developments in federal tax law. Attendees include tax attorneys, accountants, financial planners, and legal scholars, who participate in sessions covering topics such as Supreme Court cases affecting tax administration, international tax controversies, real estate taxation, and self-employment tax law.
The conference will take place at the Grand Hyatt Atlanta in Buckhead from October 21-25, 2024, with a virtual attendance option available via Zoom.
You can learn more about the conference 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.

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.

'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.

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.

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.

Employee Retention Credit Update: Current Knowledge and Future Projections
2024-09-24 11:00 - 12:00 (America/New_York)
On Tuesday, September 24, Christopher Ferguson will present a course with CPAacademy.org where he will assess the Internal Revenue Service’s current position on the ERC, a topic among the IRS’s highest enforcement priorities.
The Employee Retention Credit has quickly become among the IRS’s highest enforcement priorities. Many businesses for which the ERC was intended to help continue to wait for much-needed payment. Guidance continues to change and evolve while the IRS continues to struggle with how to address the billions of dollars in potentially illegitimate ERC claims. Under these pressures, it appears that the landscape surrounding ERC claim processing and enforcement is shifting from week to week.
Learning Objectives:

Identify the Employee Retention Credit
Recognize how the Employee Retention Credit became an enforcement priority for the IRS
Evaluate what to expect from future IRS enforcement
Outline how to advise clients with ERC claims

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.

DOJ Tax And Criminal Enforcement Update
2024-08-27
Caroline D. Ciraolo will participate in a panel titled “DOJ Tax and Criminal Enforcement Update” on August 27, 2024 as part of the second annual Summer Tax Summit in St. Louis, IL.
Description: The CLE and CPE programming for the summit includes a variety of tax controversy and white-collar criminal topics, including: update on IRS Collections, CDP Hearings and the IRS Office of Appeals; CARES Act Fraud & Enforcement; Conservation Easements; eggshell audits; and more.
For full program details and registration information, please click here.
CLE/CPE Credit is available for this event.

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.

Navigating Compliance For Non-Filers: Strategies And Resources (CPE)
2024-07-25 16:00 - 17:00 (America/New_York)
Megan L. Brackney will present a webinar on “Navigating Compliance for Non-Filers: Strategies and Resources” on Tuesday, July 23, 2024. This webinar is part of the CPA Academy’s Women in Accounting series.
Description: The AICPA and IRS Circular 230 outline paths to compliance for non-filing or out-of-compliance individuals, but non-compliance may also come with potential penalties. This webinar will outline the IRS enforcement initiative addressing high-income non-filers, IRS policies and procedures pertaining to non-filers, and cover best practices for tax professionals to guide non-filing and out-of-compliance clients back to compliance. Our presenter will cover potential risks regarding civil or criminal enforcement and penalties along with potential defense strategies for that enforcement. This webinar will also cover appropriate uses of the IRS voluntary disclosure program for non-filers.
Learning Objectives:

Identify AICPA and Circular 230 standards for advice to clients after learning about non-compliance
Outline the IRS enforcement initiative to address high-income non-filers
List potential civil and criminal penalties for non-filers
Evaluate strategies for getting clients back into compliance and ethical obligations that apply when advising non-filers
Identify potential risks to clients of facing civil or criminal penalties and outline potential defenses
Evaluate IRS policies and procedures that relate to non-filing
Recognize when and how to use the IRS’s voluntary disclosure procedure for non-filers

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

Employee Retention Credit Update: Current Knowledge and Future Projections
2024-07-22 17:00 - 18:00 (America/New_York)
Christopher M. Ferguson will present a webinar on “Employee Retention Credit Update: Where We Are And Where We Are Going” on Monday, July 22, 2024.
Description:
The Employee Retention Credit has quickly become among the IRS’s highest enforcement priorities, especially as of the recent announcement that the IRS would partially lift a moratorium on processing claims that has been in place since September of 2023.
While the gears have slowly started to turn, many businesses that the ERC was intended to help continue to wait for much needed refunds, but with little to no guidance on whether or when to expect a refund or how their refund claim impacts other tax reporting. At the same time, the IRS continues to struggle with how to address the billions of dollars in potentially illegitimate ERC claims. Under these pressures, it appears that the landscape surrounding ERC claim processing and enforcement is shifting from week to week.
This course will take stock of the IRS’s current position on the ERC, what lead to the current state of the ERC, and what to expect going forward.
Learning Objectives:

Identify the Employee Retention Credit
Recognize how the Employee Retention Credit became an enforcement priority for the IRS
Evaluate what to expect from future IRS enforcement
Outline how to advise clients with ERC claims

CPE credits are available for this event. Registration and additional information for the presentation can be found 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.
