NYU School of Professional Studies Division of Programs in Business to Host the 
14th Annual Tax Controversy Forum on June 23 and 24

This Year’s Forum at the Westin New York Grand Central To Feature Updates on How the IRS is Enhancing Compliance, Intra-Agency Collaboration, New Penalty and Fraud Referrals, and Its Handling of Tax Collection Challenges

NEW YORK, June 8, 2022 – The NYU School of Professional Studies (NYU SPS)  Division of Programs in Business’ Finance and Taxation programs will host the 14^th Annual Tax Controversy Forum in person at the Westin New York Grand Central on Thursday, June 23, and Friday, June 24. In addition, the School will be offering the opportunity to attend the conference virtually in coordination with myLawCLE.

“Enforcement is an essential part of our federal tax system, and the NYU SPS Tax Controversy Forum brings together representatives from government and expert private practitioners to compare and debate perspectives on a variety of topics involving federal tax audits, appeals, and litigation,” said Bryan C. Skarlatos, Esq., Forum co-chair and a partner at Kostelanetz & Fink. “The Forum covers a wide range of controversy work, from procedural seminars to substantive programs, international issues, ethical problems, current enforcement initiatives, sensitive audits, and civil and criminal tax penalties.”

This year’s NYU Tax Controversy Forum will feature updates on what the Internal Revenue Service (IRS) is doing to enhance compliance through communication and enforcement. Panels will highlight the new IRS focus on intra-agency collaboration, new initiatives concerning penalties and fraud referrals, and the IRS’ handling of tax collection challenges. Senior government representatives who will be featured as speakers and panel participants this year include:

• Charles P. Rettig, Commissioner, IRS
• Jennifer L. Best, Director, IRS Large Business & International Division, Treaty and Transfer Pricing Operations
• Erin M. Collins, National Taxpayer Advocate, IRS
• Thomas A. Cullinan, Acting Chief of Staff to the Commissioner, IRS
• Nikole Flax, Commissioner, IRS Large Business & International Division
• Danielle M. Grimm, Special Counsel, IRS Office of Chief Counsel, Passthroughs and Special Industries
• Catherine Gugar, Associate Area Counsel, IRS Large Business & International Division
• Darren John Guillot, Deputy Commissioner, IRS Small Business/Self-Employed Division, Collection and Operations Support
• Scott Irick, Director, IRS Small Business/Self-Employed Division, Examination
• The Honorable Kathleen Kerrigan, Chief Judge Elect, United States Tax Court
• Andy Keyso, Chief, IRS Independent Office of Appeals
• James D. Robnett, Deputy Chief, IRS Criminal Investigation
• Thomas J. Sawyer, Senior Litigation Counsel and Counsel for International Tax Matters, Tax Division, U.S. Department of Justice
• Benjamin M. Swartz, Senior Advisor to the Commissioner, IRS Small Business/Self-Employed Division, Examination

The Forum is co-chaired by Frank Agostino, Esq., founder and president, Agostino & Associates, and is designed for accountants, attorneys, enrolled agents, in-house practitioners, and other tax professionals who prepare for or handle audits, appeals, or tax litigation, as well as those involved in planning and transactional work. Participants qualify for CPE and CLE credits.

Registration and Vaccination  Compliance
All conference participants must be registered to attend the conference in advance of the event. Registrants will be required to confirm their willingness to comply with all COVID-19 safety protocols, which will be updated as needed in subsequent communications, and posted onsite.

All attendees, including conference speakers, must provide proof of vaccination, including the booster, for event access and compliance with NYU’s COVID-19 protocols. To enter meeting spaces during the event, attendees should be prepared to show paper or digital documentation of full COVID-19 vaccination status and an official form of ID.

NYU SPS realizes that not everyone may be comfortable attending in-person events or able to travel at this time. In coordination with myLawCLE, the School offers registrants the opportunity to participate virtually. For more information, visit the Virtual Attendance Options tab on the event website.

For media inquiries about reporting on this event, please contact Michael DeMeo at michael.demeo@nyu.edu or Alka Gupta at aag13@nyu.edu.

PROGRAM AGENDA
Thursday, June 23, 2022

8:30-8:45 am
Welcome and Opening Remarks

• Kathleen Costello, Assistant Director, NYU School of Professional Studies
• Bryan C. Skarlatos, Esq., Partner, Kostelanetz & Fink
• Frank Agostino, Esq., Founder and President, Agostino & Associates, PC

8:45-9:30 am
Keynote Address: State of the IRS

• Charles P. Rettig, Esq., Commissioner, Internal Revenue Service

Tax Compliance and Enforcement Update Part I
Voluntary compliance and enforcement of the tax law are at the heart of our tax system. Over the past several years, the IRS and Department of Justice (DOJ) have been challenged to find new and more efficient ways to ensure that all taxpayers pay the correct amount of tax. These panels provide an update on new developments and priorities across various divisions of the IRS and the DOJ.

9:30-10:20 am
Staying Ahead of the Tax Enforcement Curve and the New Emerging Issues Group
Finance, technology, and law are constantly evolving, and the tax law is no exception. Taxpayers and their advisors are always looking for new opportunities to reduce taxes. This panel will explain how the IRS keeps up with the changing profile of tax avoidance and tax evasion. The panel will also introduce the IRS’ new Emerging Issues Group and describe how it will go about discovering and confronting the latest transactions designed to avoid or evade tax.

• Moderator: Michelle F. Schwerin, Esq., CPA, Shareholder, Capes, Sokol, Goodman & Sarachan, PC
• Thomas A. Cullinan, Esq., Acting Chief of Staff to the Commissioner, Internal Revenue Service
• Danielle M. Grimm, Special Counsel, IRS Office of Chief Counsel, Passthroughs and Special Industries
• Benjamin M. Swartz, Senior Advisor to the Commissioner, IRS Small Business/Self-Employed Division, Examination

10:20-10:40 am
Break

10:40-11:30 am
IRS Large Business & International Division Enforcement Update
The IRS continues to refine its focus on large taxpayers, which tend to have complicated issues and examinations. This panel will discuss a number of initiatives that directly impact the Large Business & International (LB&I) taxpayer, including an update on the Compliance Assurance Process (CAP), which allows eligible taxpayers to undergo a real-time pre-filing audit; the status of Rev. Proc. 94-69, which allows large corporate taxpayers to disclose certain tax issues after the opening of an examination; LB&I’s application of the recent Chief Counsel memorandum addressing the documentation requirements for research credit claims; and LB&I’s presence at Appeals conferences. The discussion will also address the IRS’ current partnership initiatives and recent developments in transfer pricing.

• Moderator: Sharon Katz-Pearlman, Esq., National Principal-in-Charge, Tax Dispute Resolution Network, KPMG, & Global Head, Tax Dispute Resolution and Controversy, KPMG International
• Jennifer L. Best, Esq., Director, IRS Large Business & International Division, Treaty and Transfer Pricing Operations
• Nikole Flax, Esq., Commissioner, IRS Large Business & International Division

11:30-12:00 pm
Department of Justice Tax Division Update

• Moderator: Barbara T. Kaplan, Esq., Shareholder, Greenberg Traurig
• Thomas J. Sawyer, Esq., Senior Litigation Counsel and Counsel for International Tax Matters, Tax Division, U.S. Department of Justice

12:00-1:30 pm
Lunch

1:30-2:30 pm
Who Needs Tax Rules and Regulations? The Surprising Ways the Administrative Procedure Act is Affecting Tax Practice
Our tax system is based on extremely complex rules and regulations that govern how taxes must be reported and paid. The Administrative Procedure Act generally requires the Treasury Department to follow specific procedures designed to give the public notice and an opportunity to comment before specific rules and regulations are enacted. Recent court decisions have invalidated IRS notices for failure to follow these procedures and have allowed taxpayers to seek injunctions against the IRS in limited situations. This panel will discuss these decisions and their impact on current audits and litigation, as well as the IRS’ authority to enforce existing rules and regulations.

• Moderator: John Colvin, Esq., Partner, Colvin + Hallet Law
• David W. Foster, Esq., Partner, Skadden, Arps, Slate, Meagher & Flom
• Jenny L. Johnson, Esq., Partner, McDermott Will & Emery
• Kevin L. Kenworthy, Esq., Member, Miller & Chevalier

2:30-3:30 pm
From the Frying Pan and Into the Fire: Handling Audits Under the New Centralized Partnership Audit Regime
Audits of partnerships and other pass-through entities were previously governed by special procedures under the Tax Equity and Fiscal Responsibility Act (TEFRA). However, for tax years 2018 and forward, audits of partnerships and pass-throughs will be governed by the new Centralized Partnership Audit Regime. The new regime will dramatically change the way audits are handled and practitioners must understand the new rules to effectively represent their clients and avoid costly mistakes. This panel will discuss the new regime and the complexities of transitioning from TEFRA. The panel will also suggest ways to prepare for and effectively manage a partnership audit under the new rules.

• Moderator: Megan L. Brackney, Esq., Partner, Kostelanetz & Fink
• Rochelle Hodes, Esq., Principal, Crowe LLP
• Amanda H. Nussbaum, Esq., Partner, Proskauer Rose
• Joy Gerdy Zogby, Esq., Senior Technician Reviewer, IRS Office of Chief Counsel, Procedure and Administration

3:30-3:45 pm
Break

3:45-4:45 pm
Tips for Contesting Foreign Asset Reporting Penalties
The IRS automatically assesses penalties for foreign asset information returns that it considers delinquent or incomplete. The mistakes that give rise to these failures are often very minor compared to the amount of the penalties assessed. Under current IRS procedures, the only pre-payment remedy is to rely on the IRS to exercise its discretion to abate the penalties based on reasonable cause. This panel will provide tips for navigating the penalty abatement process to help taxpayers avoid incurring significant penalties for relatively minor foot faults.

• Moderator: Brian C. McManus, Esq., Partner, Latham & Watkins
• Richard J. Sapinski, Esq., Member, Sills Cummis & Gross PC
• Thomas J. Sawyer, Esq., Senior Litigation Counsel and Counsel for International Tax Matters, Tax Division, U.S. Department of Justice
• Philip J. Wilson, CPA, Office Managing Partner, Marcum

Friday, June 24, 2022

Tax Compliance and Enforcement Update Part II
Voluntary compliance and enforcement of the tax law are at the heart of our tax system. Over the past several years, the IRS has been challenged to find new and more efficient ways to ensure that all taxpayers pay the correct amount of tax. These panels provide an update on new developments at the IRS and the United States Tax Court.

9:00-9:30 am
IRS Criminal Investigation Enforcement Update

• Moderator: Don Fort, CPA, Director of Investigations, Kostelanetz & Fink
• James D. Robnett, Deputy Chief, IRS Criminal Investigation

9:30-10:00 am
IRS Small Business/Self-Employed Division Enforcement Update

• Moderator: Eric L. Green, Esq., Partner, Green & Sklarz
• Darren John Guillot, Deputy Commissioner, IRS Small Business/Self-Employed Division, Collection and Operations Support
• Scott Irick, Director, IRS Small Business/Self-Employed Division, Examination

10:00-10:30 am
IRS Independent Office of Appeals Update

• Moderator: Todd Welty, Esq., President and CEO, Todd Welty PC
• Andy Keyso, Esq., Chief, IRS Independent Office of Appeals

10:30-11:00 am
IRS Office of Chief Counsel Update

• Moderator: Brian W. Kittle, Esq., Partner, Mayer Brown
• Catherine Gugar, Esq., Associate Area Counsel, IRS Large Business & International Division

11:00-11:15 am
Break

11:15-11:45 am
U.S. Tax Court Update

• Moderator: Michael J. Desmond, Esq., Partner, Gibson, Dunn & Crutcher
• The Honorable Kathleen Kerrigan, Chief Judge Elect, United States Tax Court

11:45-12:15 pm
National Taxpayer Advocate Update

• Moderator: Josh O. Ungerman, Esq., CPA, Partner, Meadows, Collier, Reed, Cousins, Crouch & Ungerman
• Erin M. Collins, Esq., National Taxpayer Advocate

12:15-1:45 pm
Lunch

1:45-2:45 pm
Finding Hidden Money: Reporting Cryptocurrency, Disclosing Ownership of Shell Corporations, and the New Anti-Money Laundering Act
On January 1, 2021, Congress passed the new Anti-Money Laundering Act, ushering in the most sweeping changes to the Bank Secrecy Act and other anti-money laundering laws since 2001. The new Act beefs up the government’s ability to prosecute those engaged in dirty money transactions, imposes new reporting requirements for nontraditional assets (including cryptocurrency) held abroad, and requires disclosing the beneficial owners of shell corporations. This panel will explain these new rules and how they could affect your clients.

• Moderator: Ian M. Comisky, Esq., Partner, Fox Rothschild
• Andrew Adams, Esq., Director, KleptoCapture Task Force; Co-Chief, Money Laundering & Transnational Criminal Enterprises, U.S. Attorney’s Office, Southern District of New York
• Sarah E. Paul, Esq., Partner, Eversheds Sutherland
• Jeremy H. Temkin, Esq., Principal, Morvillo Abramowitz Grand Iason & Anello PC

2:45-3:45 pm
Coming in From the Cold: The Future of Voluntary Disclosures
For more than 70 years, the IRS maintained a voluntary disclosure policy designed to encourage taxpayers to come in from the cold and self-report non-compliance. In 2018, the voluntary disclosure program was updated to provide new procedures. In its most recent annual report, the Taxpayer Advocate Service noted that the new procedures are substantially more onerous and uncertain than the old procedures and may discourage taxpayers from stepping forward to self-disclose. This panel will discuss the latest voluntary disclosure developments, including the application of the updated program to cryptocurrency, and provide suggestions on how practitioners should advise their clients to make the best use of the new voluntary disclosure procedures.  

• Moderator: Phillip Colasanto, Esq., Associate, Agostino & Associates, PC
• Caroline D. Ciraolo, Esq., Partner, Kostelanetz & Fink
• Mark Matthews, Esq., Member, Caplin & Drysdale
• Michel R. Stein, Esq., Principal, Hochman Salkin Toscher Perez, PC

3:45-4:00 pm
Break

4:00-5:00 pm
Confessions of a Tax Evader: Resolving Criminal Tax Cases with Guilty Pleas
IRS Criminal Investigation and the DOJ Tax Division have an impressive conviction rate. As a result, many taxpayers who are the target of a criminal investigation or have been indicted are well served to consider resolving their prosecution with a guilty plea. This panel will examine some of the considerations that go into deciding whether a taxpayer should plead guilty and the techniques for negotiating the plea. In addition, a taxpayer who recently pleaded guilty will discuss his reasons for doing so.  

• Moderator: Jeffrey A. Neiman, Esq., Partner, Marcus Neiman Rashbaum & Pineiro
• Scott S. Ahroni, Esq., Shareholder, Polsinelli PC
• Alan M. Katz, CPA, CFF (with former cooperating defendant), Senior Forensic Auditor, Monitoring and Investigations Practice, Guidepost Solutions
• Olga Zverovich, Assistant United States Attorney and Tax Coordinator, U.S. Attorney’s Office, Southern District of New York

Save the Date for Next Year’s Forum
Next year, the 15th Annual Tax Controversy Forum will take place on June 8-9, 2023, at the Crowne Plaza Times Square Manhattan and will feature the same powerful and thought-provoking content critical to those who attend the Forum each year.

NYU School of Professional Studies
For more than 87 years, the NYU School of Professional Studies (NYU SPS) has been a deeply respected institution of higher education that is grounded in applied learning. From its early years, training returning World War II veterans to fulfill the nation’s urgent need for skilled technical workers, it has evolved into a professional education powerhouse that offers 22 graduate degrees, 14 bachelor’s degrees for traditional and degree completion students, four associate degrees, and a plethora of continuing education courses and credentials.

NYU SPS is a thought leader, and serves as an incubator for new ideas in industries that are constantly changing, including real estate, real estate development, and construction management; hospitality, tourism, travel, and event management; financial planning; global affairs and global security, conflict, and cybercrime; global sport and sports business; publishing; executive marketing and strategic communications, integrated marketing; public relations; project management; executive coaching and organizational consulting, human resource management and development, and human capital analytics and technology; management and systems; translation; and professional writing. It is focused on building skills that open doors to opportunities in emerging fields and global markets. NYU SPS faculty members are leading experts in their areas of discipline, with a hands-on approach that encourages students to push beyond their limits and to break new ground.

Home to some of the largest and most prestigious industry conferences in the world, including the Schack Institute of Real Estate’s Capital Markets Conference, REIT Symposium, and National Symposium of Women in Real Estate; and the Jonathan M. Tisch Center’s International Hospitality Industry Investment Conference, the School’s invaluable connections to industry leaders is a truly distinguishing factor in the education that it provides. Through career development services and resources provided by the NYU Wasserman Center for Career Development at NYU SPS, guest lecturers, site visits, participation in numerous conferences and events, and Global Field Intensives, students benefit from an NYU education that will set them apart. In addition, they have the opportunity to learn from and network with more than 39,000 NYU SPS alumni who live, work, and contribute to innovation in industry around the world. To learn more about NYU SPS visit: sps.nyu.edu.