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Thursday, May 9, 2019 |
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| 7:45 AM |
Registration & Continental Breakfast |
Rotunda |
| 8:15 AM |
Opening Remarks, Margaret Dalton, Associate Dean and Professor, USD School of Law |
Theater |
| 8:30 AM |
Corporate Overview and Perspective on TP Risk Management - Panel Discussion - Kathrin Zoellar, Weatherford International, LLC, Chair
This panel discussion focuses on transfer-pricing risk management, from the perspective of the in-house corporate tax executive. Topics include adequate risk management, reporting and compliance considerations, and key considerations for avoiding and resolving transfer-pricing disputes.
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Theater |
| 9:15 AM |
APA (Advance Pricing Agreement) Case Presentation
Sean Foley, Global Head of Transfer Pricing Dispute Resolution, KPMG, Chair
This session demonstrates the in-person presentation (typically in a PFC - Prefiling Conference) of a case (using a hypothetical fact pattern) to representatives from the IRS APA (Advance Pricing Agreement) Program. The presentation will include a discussion of key strategies and considerations in seeking to obtain a bilateral APA involving the U.S. and the "Country X" tax authority.
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Theater |
| 10:30 AM |
Refreshment Break sponsored by Grant Thornton |
Rotunda |
| 10:45 AM |
Special Session on Economic Studies and Analyses
Elena B. Khripounova, Director, Transfer Pricing and Valuation Services, Mayer Brown
Jason M. Osborn, Partner, Mayer Brown
A special presentation and peer-group discussion focusing on the key strategy, elements, and framework for a Transfer Pricing Economic Analysis. Here, the speakers - both of whom have extensive experience in this area - will lead a discussion and solicit comments and opinions from Symposium Participants, thus enabling a robust exchange of viewpoints and experiences in this area.
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Theater |
| 11:15 AM |
Competent Authority
J. Clark Armitage, President, Caplin & Drysdale, Chair
This session demonstrates a government-to-government negotiation session involve the U.S. Competent Authority Analysts and the "Country X" representatives. The negotiators will use a hypothetical fact pattern, in connection with the MAP article of the U.S. Model Treaty, in order to demonstrate the key considerations in each country's respective negotiating positions. Time permitting, the participants will comment upon the impact (if any) of the potential for treaty-based arbitration, on their desires and efforts to obtain a mutual agreement.
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Theater |
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12:30 PM
12: PM
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Lunch sponsored by Andersen Tax
Welcome by Stephen C. Ferruolo, Dean and Professor of Law, USD School of Law School
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Garden of the Sea |
| 1:00 PM |
DAC 6 Round Table Discussion
Paulus Merks, Partner, Houthoff, Chantal Presilli, Houthoff and James Dawson, Partner, Holland & Knight
A special "Director's Chair" lunchtime discussion of DAC6, which imposes mandatory disclosure requirements for certain arrangements with an EU cross-border element. DAC6 applies where the arrangements fall within certain "hallmarks" mentioned in the directive and in certain instances where a tax advantage is the main or expected benefit. The speakers will discuss DAC6's potential application to transfer pricing, and will cover matters such as the mandatory automatic exchange of information on reportable cross-border arrangements via a Common Communication Network (CCN).
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Garden of the Sea |
| 1:45 PM |
IRS Appeals
Paul Dau, Esq., McDermott Will & Emery, Chair
This session demonstrates an IRS Appeals Conference a transfer-pricing adjustment involving a U.S. MNE (multinational enterprise) and its controlled transaction with its "Country X" affiliate. Using a hypothetical fact pattern, the participants will demonstrate a situation in which resolution through appeals may be desirable or appropriate, compared to other dispute-resolution mechanisms, and will discuss the key considerations in utilizing appeals either in lieu of, or in conjunction with, other procedures.
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Theater |
| 3:00 PM |
The Third Sentence: Economic Perspectives - Special Panel Discussion
Kevin Kiyan, Andersen Tax, Chair
This special panel discussion presents key considerations, from economic and other perspectives, under the newly added third sentence to section 482. The panelists will discuss various approaches, theories, and viewpoints involving "full value," aggregation, segregation, and other relevant matters.
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Theater |
| 3:45 PM |
The Tax Court Case, Part 1 - The Fact Witnesses
John Magee, Esq., Morgan Lewis, Chair
This session entails a moot-court presentation of transfer pricing litigation in the Tax Court. The proceedings, which involve a hypothetical fact pattern of XYZ Corp., include opening statements by the Petitioner (taxpayer) and the Respondent (the Commissioner), and the direct and cross-examination of at least one material fact witness. The participants also are free to step out of their roles in order to comment freely upon their goals and objectives and key strategic considerations in connection with presenting and pursuing their case.
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Theater |
| 5:15 PM |
Local Vintage California Sunset Cocktail Reception sponsored by Deloitte |
Strata Plaza, Shiley Center for Science & Technology |
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Friday, May 10, 2019 |
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| 7:45 AM |
Continental Breakfast |
Rotunda |
| 8:30 AM |
Opening Remarks by David N. Bowen, Professor, USD School of Law School |
Theater |
| 8:45 AM |
The Tax Court Case, Part 2 - The Experts
John Magee, Esq. and Sanford Stark, Esq., Morgan Lewis, Co-Chairs
A continuation of the transfer pricing litigation in the Tax Court - this time, however, centering on the special considerations and procedures surrounding expert witness testimony. Since in the Tax Court, the report of the expert witness constitutes the direct testimony, this session will focus primarily on effective cross-examination of the expert witness (or witnesses). As with Part 1, the participants will ideally reserve time to explain and comment upon their goals and objectives in connection with the expert.
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| 10:00 AM |
Refreshment Break sponsored by Grant Thornton |
Rotunda |
| 10:15 AM |
Appeal to the Ninth Circuit
Edward L. Froelich, Morrison Foerster, Chair
Recently, the U.S. Court of Appeals for the Ninth Circuit sat in a special session in the KIPJ, for oral arguments. It seems only natural, therefore, that the Transfer Pricing Symposium includes a moot-court style appeal to the Ninth Circuit in connection with the hypothetical Tax Court decision in XYZ Corp. v. Commissioner.
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Theater |
| 11:15 AM |
"TCJA Substance, Policy, and Commentary" - Special Presentation
Mark A. Prater, PwC, and Robert Stack, Deloitte
Observations, commentary, and point-counterpoint on select provisions of the Tax Cut and Jobs Acts, by two former top-level government officials: Mark Prater, former Chief Tax Counsel for the Senate Finance Committee, and Robert Stack, former Deputy Assistant Secretary for International Tax Affairs, U.S. Treasury Department.
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Theater |
| 12:15 PM |
SYMPOSIUM ADJOURNED |
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