Second Annual USD School of Law - RJS LAW Tax Controversy Institute

Date and Time

Friday, August 11, 2017 from 7:30 a.m. to 5:30 p.m.

Location

Joan B. Kroc Institute for Peace and Justice, Theatre

5998 Alcala Park San Diego, CA 92110

Cost

0

Details

The Institute strives to be the premier tax controversy event in San Diego. The region's top tax attorneys, CPAs, and law and business school professors will discuss topics including federal and state audit strategies, tax penalties, and criminal tax matters. The Institute will provide practical advice from top leaders in the tax field. It will also provide phenomenal networking opportunities to meet other top practitioners. Tax attorneys, CPAs, EAs, tax preparers, and students are all welcome to attend.

Click here to view photos from the Inaugural USD School of Law - RJS LAW Tax Controversy Institute.

During the conference, the Institute will be presenting Richard Carpenter with an award to honor his 30 years of excellence in the tax field and his continued commitment to the tax community. The award - the Richard Carpenter Excellence in Tax Award - will be presented to an individual every year at the USD School of Law - RJS LAW Tax Controversy Institute. The award is meant to permanently illustrate the notable achievements of Richard Carpenter and honor his attributes - honesty, integrity, ethics, and compassion. The award will go to those who have personified these exemplary traits of Richard Carpenter throughout their careers in the field of tax controversy and have demonstrated outstanding dedication and expertise while representing taxpayers before the federal and state governments. We invite you to join us at this year's Institute to honor Richard Carpenter's contributions to the tax field and present him with the inaugural Richard Carpenter Excellence in Tax Award. 

 

Registration Information


Registration categories are listed below.

Registration Category Fee by July 11th
General Registration $350 
Attorneys (1-5 years), USD Alumni, or Government Employees $300 
CPAs, Enrolled Agents, or Tax Preparers $250 
USD Students $30 
Other Students $150 
USD Professors FREE 

REGISTER

Discounts are available for groups of 3 or more (must be from the same organization). Please contact usdlawevent@sandiego.edu.

Schedule

Friday, August 11, 2017

7:30 – 8:30 a.m. CONTINENTAL BREAKFAST ⁄ REGISTRATION
8:30 – 8:45 a.m. OPENING REMARKS
  • Victor Fleischer, Director of Tax Programs & Professor of Law, University of San Diego School of Law
  • Ronson J. Shamoun, Principal Attorney, RJS LAW, Adjunct Professor of Law, University of San Diego School of Law
8:45 – 9:45 a.m.

U.S. AND MEXICO CROSS-BORDER ESTATE AND TAX PLANNING GONE WRONG: TAX AND PROBATE IMPLICATIONS WHEN ADEQUATE PLANNING DIDN'T OCCUR AND HOW TO FIX IT

With the proximity of the U.S.-Mexico border and the increased flow of commerce between the two countries, it is no surprise of the increase in Mexicans buying real estate and other assets in the U.S. and Americans buying real estate and other assets in Mexico. This panel of experts will address growing concerns of estate planning and tax implications when assets are owned abroad in Mexico or in the U.S. This panel will also address probate and tax consequences, which involve the laws and courts of both Mexico and the United States, when estate planning and tax planning is only made under the laws of only one country and how this can be remediated.

  • Antonio Maldonado, Maldonado Law Group PC (Moderator)
  • Jordan Barry, University of San Diego School of Law
  • Paul Burns, CBIZ MHM, LLC
  • Enrique Hernandez, Procopio
  • Brandon Stock, Deloitte Tax LLP
9:50 – 10:50 a.m.

PREPARING FOR MARIJUANA: WHAT EVERY PRACTITIONER NEEDS TO KNOW

In 2018, California will begin issuing over a dozen different types of commercial licenses for cannabis activities. As people scramble to be first to market, tax preparers and advisors will face a host of new legal, ethical, and compliance issues that are unique to this industry.

This panel will discuss many of the federal, state, and local tax issues arising from the cannabis related industry, including the role of banks, dealing in cash, and payroll tax issues. The panel will also discuss key legal and ethical issues that practitioners should consider counseling or preparing returns for these new clients.

  • Chad Nardiello, Nardiello Law Firm, PLC (Moderator)
  • John Forry, CBIZ MHM, LLC
  • Kaelyn Romey, Golden Gate University
  • Kimberly Simms, Law Office of Kimberly R. Simms
10:50 – 11 a.m. REFRESHMENT BREAK
11 – 12 p.m.

CAPTIVE INSURANCE TAX CONTROVERSIES

The tax code provides substantial tax benefits for qualifying “micro-captive” insurance companies, promoting their use by businesses and their owners to help insure against certain risks. To qualify for captive-insurance tax benefits, however, the insurance must be real, the premiums reasonable, and the administration competent.  While many of these arrangements are completely legitimate insurance vehicles, some are abusive schemes that exist merely to provide tax benefits. The Service has ramped up its campaign to identify abusive captive insurance arrangements; auditing promoters, captives and the businesses that utilize them.  The Service has also identified certain micro-captive insurance companies as abusive tax shelters on its “Dirty Dozen” list for the past several years, and has classified most (if not all) micro-captive arrangements as “Transactions of Interest” in IRS Notice 2016-66, requiring participants and material advisors to disclose their captive insurance arrangements on Form 8886 or face substantial penalties.  This panel will discuss the substantive tax issues involved in the formation and use of captive insurance companies under IRC Section 831(b).  The panel will also explore the abuses the IRS has uncovered in its civil audits and criminal investigations of captive insurance arrangements and how legitimate captives can defend themselves from increased IRS enforcement, and how best to present these cases in Tax Court.

  • Dennis Perez, Hochman, Salkin, Rettig, Toscher & Perez, P.C. (Moderator)
  • Evan Davis, Hochman, Salkin, Rettig, Toscher & Perez, P.C.
  • Tim Tarter, Law Offices of Woolston & Tarter, P.C.
12:30 p.m. – 1:35 p.m. KEYNOTE SPEAKER LUNCHEON
  • The Honorable Mark V. Holmes, United States Tax Court
    • Introduction by Stephen C. Ferruolo, Dean, and Professor of Law, University of San Diego School of Law
1:35 – 1:45 p.m. BREAK
1:45 – 2:45 p.m.

COMMUNITY PROPERTY & TAXES : LOVE, MARRIAGE AND TAXES

First comes love, then comes marriage, then comes filing your first married tax return. The state of California is a community property law state, and with that label comes an unimaginable amount of laws and intricacies that most never take the time to comprehend. This panel will showcase a number of professionals who work in and around California’s community property law tax issues. They will touch upon the tax essentials of what it means to be married and divorced in a community property state, how taxes and penalties are allocated and applied between those involved in the marriage as a couple, and individually. The panelists will identify some key tax points such as what it means to be an innocent spouse and whether all unions are treated equally in the eyes of the IRS.    

  • Lavar Taylor, Law Offices of A. Lavar Taylor (Moderator)
  • William Hartsock, The Tax Lawyer
  • Lisa Nelson, Law Offices of A. Lavar Taylor
2:45 – 2:55 p.m. REFRESHMENT BREAK
2:55 – 3:55 p.m.

HANDLING SECTION 482 TRANSFER PRICING CONTROVERSIES AND THE LBI INBOUND DISTRIBUTOR CAMPAIGN

Transfer pricing is the price charged between related parties, such as in a parent-subsidiary relationship, when they trade products or services. Transfer pricing has become an important issue and the Internal Revenue Service ("IRS") and the Large business and International ("LBI") Division has recently launched a campaign to examine U.S. based inbound distributors of goods and their related party transactions. Transfer pricing issues have generally been focused on large case examinations but IRS believes there could be substantial non-compliance in mid-market level businesses and the inbound distributor campaign will be focused on these mid-market businesses. Under IRC Section 482, the IRS has the authority to adjust taxable income between two related parties to more accurately reflect the income earned by each party and taxpayers who have not complied with Section 482 are not only subject to increased tax, but also substantial penalties. This panel will identify what tax practitioners’ needs to know to help their clients address Section 482 examinations and the new LBI inbound distributor campaign, techniques to reduce taxpayer exposure to additional taxes and penalties and recent court decisions in the Section 482 area including the Tax Court's decisions in Altera and Amazon. 

  • Steve Toscher, Hochman, Salkin, Rettig, Toscher & Perez, P.C. (Moderator)
  • John Magee, Morgan Lewis
  • Guy Sanschagrin, WTP Advisors
  • Lacey Strachan, Hochman, Salkin, Rettig, Toscher & Perez, P.C.
4 – 5:30 p.m.

CRIMINAL TAX PROCEDURE WORKSHOP- IRS SUMMONS ENFORCEMENT, GRAND JURY, AND SUBPOENAS

The Criminal Tax Procedure Workshop is a practical guide for handling criminal investigations and defending criminal prosecutions. The workshop will cover how to anticipate criminal referrals and how to defend against IRS summons enforcement. The distinguished panelists will review interviews of taxpayers and tax preparers, arguments concerning tax loss, mitigating factors, and how to handle cases when your client is a witness. The panelists will take an in-depth look at Grand Jury proceedings and navigating the burden of relevancy attached to Grand Jury subpoenas. Lastly, the panelists will offer advice on preparing your client for examination, testifying in front of a Grand Jury, and preparing for a possible criminal prosecution.

  • Martin Schainbaum- Martin A. Schainbaum PLC: Tax Warriors (Moderator)
  • Frank Agostino, Agostino & Associates
  • Angela Davis, Assistant United States Attorney, Major Frauds Section
  • James Hughes, Assistant United States Attorney, Tax Division
  • Ronson J. Shamoun, RJS LAW & University of San Diego School of Law
5:30 – 9 p.m.

CELEBRATE & CONNECT! A NETWORKING OPPORTUNITY SPONSORED BY TORREY PINES BANK

Come celebrate the day's achievements and join us for cocktails and hors d'oeuvres while you connect with sponsors and other tax professionals!

MCLE and Specialized Credits

Need Continuing Education Credits?


Register for the Tax Controversy Institute to receive 6 hours of IRS CE credits and 7.75 hours of general MCLE.

The University of San Diego School of Law is a State Board of California-approved MCLE provider and RJS LAW is a registered Continuing Education provider with the IRS.

Sponsors

SPONSORS


USD School of Law logo   RJS Law logo

 

Platinum Sponsor:

Torrey Pines

 

Gold Sponsor:

KPBS


Please click here for a list of sponsorship levels. If you are interested in being a sponsor for the inaugural University of San Diego School of Law - RJS LAW Tax Controversy Institute, please email djrider@sandiego.edu

Location and Parking Directions

LOCATION & DIRECTIONS


Joan B. Kroc Institute for Peace & Justice
Peace & Justice Theatre
University of San Diego
5998 Alcala Park, San Diego CA 92110

From the North From the South From the East
> Use I-5 South
> Exit Sea World Dr. &
Tecolote Rd.
> Proceed left at stoplight
toward Morena Blvd.
> Turn right on Morena Blvd.
> Left on Napa
> Left on Linda Vista Rd.
> Turn left on Marian Way for
West Entrance to campus
> Use I-5 North
> Exit Morena Blvd.
(signs will say: Morena
Blvd. use I-8 East)
> Stay to the right and follow
signs for Morena Blvd.
> Take the first right onto
Linda Vista Rd.
> Turn left on Marian Way for
West Entrance to campus
> Use I-8 West
> Exit at Morena Blvd.
> Go right onto
Linda Vista Rd.
> Turn left on Marian Way for
West Entrance to campus

PARKING INFORMATION:

Visitors are required to pay for parking on campus. Metered parking is available in multiple locations on campus but we recommend you park in the West Lot and take the tram to KIPJ. Rates for parking are as follows:

  • 30 minutes - $0.75
  • 1 Hour - $1.50
  • 2 Hour - $3
  • 4 Hour - $4
  • Full Day - $8

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