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PAUL
J. HARTMAN
STATE
AND LOCAL
TAX FORUM
PROGRAM SCHEDULE
WEDNESDAY, OCTOBER 17, 2007
Symphony I Ballroom
FASB 109 & FIN 48 can be extremely complex and although FIN 48 was adopted over a year ago, there are still many areas that are unclear and which can cause confusion relating to accounting for uncertain tax positions (UTP's). In addition to the new quarterly and year-end requirements, including the first tabular roll-forward of the UTP's that will be included in the annual financial statements, companies also need to ensure there is on-going maintenance of existing UTPs as well as ensuring that the have established the procedures needed to uncover any new UTPs. Please join us for a discussion with some of the top experts in the field in which they will provide a detailed overview of FIN 48 and what has been learned to date. Specific issues related to recognition, measurement, on-going maintenance and the tabular roll-forward schedule will be discussed along with the SALT technical issues that have been the most controversial. Finally, there will be a discussion of best practices and lessons learned that will allow participants to identify opportunities to improve the processes they are currently using.
| 12:00 Noon | Registration. Symphony I Foyer Registration Desk open all day
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| 12:55 p.m. | Welcome
and Introductory Remarks |
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| 1:00 p.m. | OVERVIEW AND IMPLEMENTATION-NOW THAT IT'S HERE (FIN 48), WHAT ARE WE DOING WITH IT?
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Jerry D. Hicks, Tax Partner |
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| 2:00 p.m. | RECOGNITION/MEASUREMENT ISSUES
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Jerry D. Hicks, Tax Partner |
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| 3:00 p.m. | BREAK. Symphony II and III Foyers | |
| 3:15 p.m. | FIN 48: BEST PRACTICES AND LESSONS LEARNED With the first season of FIN 48 disclosures behind them, many companies are gearing up for round two. This panel will discuss many controversial issues -- including the proper unit of account, materiality, court of last resort, administrative practice, opinion shopping, responsibility of the Big 4 attest firm, documentation, privilege, differences between permissible assumptions at the measurement and recognition stages, and others -- and the approaches some companies, their legal advisors, and the Big 4 have taken to resolving these uncertainties. The panel will also discuss the controversy concerning whether the SEC and PCAOB will be satisfied with the adequacy and accuracy of many such disclosures. |
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C. Chester Abell, Jr., National Tax Director of FAS 109 Services
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| 4:15 p.m. | ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT This discussion will focus on the important ethical issues that arise from the tension between a state's ability to request the production of documents in connection with an audit and the various privileges that protect documents from disclosure. The panelists will discuss the types of protection that may apply, such as the attorney-client privilege, the work product doctrine, the accountant-client privilege and the federal tax practitioner privilege; review recent decisions concerning how these privileges have been applied; and discuss the implications for resolution of state tax issues. |
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Donald M. Griswold, Partner
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| 5:15 p.m. |
Adjourn.
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| ESTIMATED
TOTAL CONTINUING EDUCATION CREDITS HOURS AVAILABLE: 240 Minutes (Includes 60 Ethics Minutes) 50-Minute Hour - 4.8 Hours (Includes 1.0 Ethics Hour) (4.5 hours calculated according to the National Registry of CPE Sponsors Requirements) 60-Minute Hour - 4.0 Hours (Includes 1.0 Ethics Hour) |
WEDNESDAY, OCTOBER 17, 2007
Symphony II Ballroom
| 12:00 Noon | Registration. Symphony I Foyer Registration Desk open all day.
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| 12:55 p.m. |
Welcome and Introductory Remarks
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| 1:00 p.m. | TOP TEN SALES TAX DEVELOPMENTS This session will focus on trends, judicial and legislative developments in sales tax, including a status update on the Streamlined Sales Tax effort. |
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Loren L. Chumley, Principal
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| 2:00 p.m. | THINKING OUTSIDE THE BOX-CREATIVE APPLICATIONS OF SALES AND USE TAX EXEMPTIONS You think of your company as a service provider, but could it also qualify as a manufacturer, or a utility...or an airline? Have you ever wondered whether your company might be "missing the boat" with respect to available sales and use tax exemptions (or exposure) arising from its non-core activities? In this session, the speakers will blend creativity with "outside the box" thinking about unusual exemptions that could apply to your business. |
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Mark E. Holcomb, Partner
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| 3:00 p.m. | BREAK. Symphony II and III Foyer | |
| 3:15 p.m. | HOT TOPICS IN TAXATION OF SERVICES: A Discussion of the Current Events Affecting the Taxation of Services The panel will cover a host of issues including: sourcing, specific industry issues, bundling, and the complexities of taxing new and emerging services. |
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Bob Martinez, Senior Policy Advisor
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| 4:15 p.m. | ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT This discussion will focus on the important ethical issues that arise from the tension between a state's ability to request the production of documents in connection with an audit and the various privileges that protect documents from disclosure. The panelists will discuss the types of protection that may apply, such as the attorney-client privilege, the work product doctrine, the accountant-client privilege and the federal tax practitioner privilege; review recent decisions concerning how these privileges have been applied,; and discuss the implications for resolution of state tax issues. |
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Donald M. Griswold, Partner
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| 5:15 p.m. |
Adjourn.
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| ESTIMATED
TOTAL CONTINUING EDUCATION CREDITS HOURS AVAILABLE: 240 Minutes (Includes 60 Ethics Minutes) 50-Minute Hour - 4.8 Hours (Includes 1.0 Ethics Hour) (4.5 Hours calculated according to the National Registry of CPE Sponsors Requirements) 60-Minute Hour: - 4.0 Hours (Includes 1.0 Ethics Hour)
WEDNESDAY EVENING, OCTOBER 17, 2007
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| 5:00 - 7:00 p.m. | PRE-REGISTRATION. Registrants for Thursday/Friday may pick up program materials at Registration Desk. | |
| 5:00 - 7:00 p.m. | RECEPTION. Skylight Foyer, Mezzanine. Co-Hosted by Waller Lansden Dortch & Davis LLP, Nashville, Tennessee, and Crowe Chizek & Company LLC, Brentwood, Tennessee |
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THURSDAY, OCTOBER 18, 2007
Symphony I and II Ballrooms
| 7:00 a.m. | Registration. Symphony I Foyer Registration Desk open all day. |
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| 7:15 - 8:00 a.m. |
Continental Breakfast. Symphony II and III Foyers | ||||
| 7:55 a.m. | Welcome and Introductory Remarks | ||||
| William F. Buechler; President, Board of Trustees Crowe Chizek & Company LLC; Brentwood, Tennessee Dean of Vanderbilt University Law School Nashville, Tennessee |
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| 8:00 a.m. | TOP 20 CASES TO WATCH Frequently, taxpayers and practitioners are not aware of significant state tax issues impacting multistate taxpayers that are being litigated throughout the country until after the decisions have been issued. This session will change that! We have surveyed our Advisory Board of leading multistate experts and compiled a list of the top 20 state tax cases that multistate taxpayers should be watching. |
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Tammy Y. Hunter, Partner KPMG LLP; Atlanta, Georgia Maureen E. Pechacek, Partner PricewaterhouseCoopers LLP; San Diego, California Shona Ponda, Senior Manager Deloitte Tax LLP; Atlanta, Georgia Jeffrey N. Saviano, Partner and Northeast Director of State and Local Tax Services Ernst & Young LLP; New York, New York
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| 9:00 a.m. | CURRENT ISSUES IN COMBINED REPORTING After a 20 year hiatus, the recent adoption of combined reporting by several states (e.g., Texas, Vermont, West Virginia) and the active consideration by the legislatures of combined reporting by at least eight others, consideration of combined reporting issues has taken on new urgency. This experienced panel will review current issues and provide suggestions for states to consider in turning to combined reporting. This will include a host of topics, including determining the composition of the group, determining "who is the taxpayer" (i.e., when is the "taxpayer" the combined group or the individual members of the group), expansion of the water's-edge group to non-US entities, instant unity, and determining unitary businesses. |
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Jeffrey A. Friedman, Partner Sutherland Asbill & Brennan LLP: Washington, D. C. Giles Sutton, Partner Grant Thornton LLP; Charlotte, North Carolina Prentiss Willson, Consultant Ernst & Young LLP; Larkspur, California
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| 9:50 a.m. | ANY WAY YOU SLICE IT: EFFORTS TO RE-ENGINEER UDITPA AND RE-APPORTION RECEIPTS Panelists will debate the merits of re-engineering UDITPA through potential amendments to sales factor sourcing rules (costs of performance versus "market" sourcing methods), sales factor definitions ("sale" and "gross receipts") and exclusions (e.g., "net" versus "gross" treasury proceeds), and Section 18 special industry apportionment rules. They will also present their unique and divergent perspectives on the advisability of NCCUSL's revision of UDITPA on its 50th anniversary, by reference to economic factors, the adoption by many states of super-weighted sales factor or single sales factor apportionment formulas, divergent definitions of "business income," and other relevant tax policy considerations. |
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Kendall L. Houghton, Partner Sutherland Asbill & Brennan LLP; Washington, D. C. Shirley Sicilian, General Counsel Multistate Tax Commission; Washington, D. C. Margaret C. Wilson, Senior Counsel - State & Local Tax Verizon; Basking Ridge, New Jersey
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| 10:40 a.m. | Break. Symphony II and III Foyers | ||||
| 10:55 a.m. | STATE INFORMATION SHARING: FEDERAL AND STATE DISCLOSURE OF TAX INFORMATION Ever wonder who gets your tax information? Interested in knowing the process of information sharing between the states and with the Federal government? Wondering what process controls are in place and if they adequately preserve taxpayers' rights? This presentation will examine the sharing of information between states and federal treasury agencies, the processes used, what information is being provided, and the structural safeguards in place. Real life examples will be used to highlight the issues taxpayers need to be aware of in this current cyber age of information overload and the potential for loss of confidentiality. |
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Stanley R. Arnold, Senior Tax Policy Advisor Rath, Young and Pignatelli, P.C.; Concord, New Hampshire Karen J. Boucher, Tax Partner Deloitte Tax LLP; Milwaukee, Wisconsin Lynn A. Gandhi, Principal Miller, Canfield, Paddock and Stone, P.L.C.; Detroit, Michigan Hollis L. Hyans, Partner Morrison & Foerster, LLP; New York, New York
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| 11:45 a.m. | THE MULTISTATE TAX COMMISSION'S RESPONSE TO THE EVOLVING CORPORATE ENVIRONMENT A representative of the MTC and a representative of multistate corporate taxpayers will discuss several of the recent issues affecting multistate business and the MTC's proposed responses to these challenges. The presentation will include a discussion of the MTC's and various states' use of a 51 state apportionment factor spreadsheet; the issues confronted by corporate taxpayers with the adoption of FIN 48 and the MTC's analysis of its impact on state audits; and a description of the NCCUSL project reviewing and possibly revising the 50 year old Uniform Division of Income for Tax Purposes Act. |
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Bruce J. Fort, Counsel Multistate Tax Commission; Washington, D. C. Diann L. Smith, Counsel Sutherland Asbill & Brennan LLP; New York, New York
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| 12:30 p.m. | Lunch. Symphony III Ballroom
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| 1:00 p.m. | DECONSTRUCTING THE STATE UN-INCOME TAX TREND Under the guise of "tax reform," several states have recently moved away from net income-based taxes towards taxes based on gross receipts. This session takes a closer look at the drivers behind those state moves - from state revenue concerns to political and practical expediency - and explores what such actions mean from a tax policy, compliance and economic perspective. |
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Harley T. Duncan, Executive Director Federation of Tax Administrators; Washington, D. C. Douglas L. Lindholm, President and Executive Director Council On State Taxation (COST); Washington, D. C.
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| 1:30 p.m. | UN-INCOME TAXES-The Details Are net income taxes going away? We will discuss three states with "un-income taxes," highlighting major issues and developments for Michigan, Texas and Ohio. Michigan has repealed its Single Business Tax, and effective January 1, 2008, will have a new business tax, containing both an income and un-income tax levy. Texas has gutted its existing franchise tax and, effective for reports due on or after January 1, 2008, businesses will now pay tax based on their taxable margin. Ohio continues to issue new guidance related to the phase-out of its corporate franchise tax and the phase-in of its Commercial Activity Tax measured by gross receipts. |
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Michigan: Lynn A. Gandhi, Principal Miller, Canfield, Paddock and Stone, P.L.C.; Detroit, Michigan Ohio: Thomas M. Zaino; Chair, Multistate Tax Practice Group McDonald Hopkins LLC; Columbus, Ohio Texas: Keith W. Anderson, Partner Ernst & Young LLP; Dallas, Texas
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| 2:15 p.m. | STATE TAX DEPARTMENT BEST PRACTICES The speakers will discuss their views on approaches to running a state tax group, including organizational structures, hiring practices, audit management, internal measurements and the use of outside advisors. The speakers will compare and contrast several difference approaches to successfully integrating a state tax department into the Global Tax Organization. |
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Keith Davis; Senior Vice President, State and Local Tax Bank of America; Charlotte, North Carolina Jeffrey L. Hyde, Senior Tax Counsel General Electric Capital Corporation; Stamford, Connecticut
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| 3:00 p.m. | Break. Symphony II and III Foyers | ||||
| 3:15 p.m. | CURRENT/FORMER COMMISSIONERS' ROUNDTABLE This is your opportunity to ask both current and former Revenue Commissioners any questions relating to the administration of the tax laws, and where both the administration and direction of those laws is headed. The presence of former Commissioners brings the spotlight to those no longer encumbered with the delicacy of politics, and hopefully will lead to a candid discussion of current issues by all the panelists. We urge you to submit questions in advance by email to AdmAsst@hartmansaltforum.org so that the Commissioners will have an opportunity to respond. |
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Moderator: Prentiss Willson, Consultant Ernst & Young LLP; Larkspur, California Alabama: G. Thomas Surtees, Commissioner Alabama Department of Revenue; Montgomery, Alabama California: Selvi Stanislaus, Executive Officer California Franchise Tax Board; Rancho Cordova, California Tennessee: D. Reagan Farr, Commissioner Tennessee Department of Revenue; Nashville, Tennessee Michigan: June Summers Haas, Partner Honigman Miller Schwartz and Cohn LLP; Lansing, Michigan Missouri: Janette M. Lohman, Partner Thompson Coburn, LLP; St. Louis, Missouri
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| 4:15 p.m. | MOOT COURT: Oral Argument Presentation – FIA Card Services, Inc. f/k/a MBNA America Bank v. West Virginia
Is physical presence or economic nexus the correct constitutional prerequisite for the imposition of a direct state tax such as an income tax or a franchise tax? Congress has not yet decided and the Supreme Court, when given the chance in FIA Card Services, Inc. f/k/a MBNA America Bank v. West Virginia, declined to decide the question. What might have happened had the Court granted certiorari? What are the arguments on the two sides of the issue? This Moot Court session will consist of hypothetical oral arguments before the Supreme Court presented by two attorneys who have been fully immersed in this debate. |
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Representing Taxpayer: Arthur R. Rosen, Partner McDermott Will & Emery LLP; New York, New York Representing State: Bruce J. Fort, Counsel Multistate Tax Commission; Washington, D. C.
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| 5:15 p.m. | Adjourn. | ||||
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| 5:15 p.m. | Reception. Skylight Foyer, Mezzanine. Co-hosted by Bass, Berry & Sims, PLC; Nashville, Tennessee, and the Paul J. Hartman SALT Forum. |
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FRIDAY, OCTOBER 19, 2007
Symphony I and II Ballrooms
| 7:00 a.m. | Registration. Symphony I Foyer. Registration Desk open all day. |
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| 7:00 - 8:00 a.m. |
Continental Breakfast. Symphony II and III Foyers | |
| 8:00 a.m. | THE STATE OF THE STATES |
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Paul H. Frankel, Partner Morrison & Foerster LLP; New York, New York Richard D. Pomp, Alava P. Loiselle Professor of Law University of Connecticut Law School; Hartford, Connecticut
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| 9:00 a.m. | DUE DILIGENCE/ONE YEAR AFTER M&A DEAL CLOSES - A Peek Behind The Curtain. What happens one year after a deal closes and it is time to release the tax hold back. This presentation will examine what issues come up and how both parties' actions can affect each others' liabilities. We will also dissect a tax agreement to determine what it really means. |
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Paul Buchman; Senior Director, State Taxes Tyco International (US), Inc.; Boca Raton, Florida Bob L. Burgner; Senior Tax Counsel and Director, State and Local Taxes General Electric Company; Atlanta, Georgia Jordan M. Goodman, Partner Horwood Marcus & Berk Chtd.; Chicago, Illinois Richard L. Lieberman, Principal Deloitte Tax LLP; Chicago, Illinois Marilyn A. Wethekam, Partner Horwood, Marcus & Berk, Chtd.; Chicago, Illinois
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| 10:00 a.m. | BREAK. Symphony II and III Foyer | |
| 10:15 a.m. | NEXUS: WHAT'S NEW? Fifteen years after Quill and the application of tax nexus is still being developed for income, gross receipts, and excise taxes -- is economic exploitation of the marketplace sufficient? Why are the states seeking enforcement of affiliate nexus again? What safe harbors exist and how can they be used? |
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John L. Coalson, Moderator; Partner Alston & Bird LLP; Atlanta, Georgia Maryann B. Gall, Partner Jones Day; Columbus, Ohio June Summers Haas, Partner Honigman Miller Schwartz and Cohn LLP; Lansing, Michigan
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| 11:30 a.m. | Lunch. Symphony III Ballroom
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| 12:30 p.m. | ADD-BACK STATUTES: Will They Survive? Will They Thrive? In this presentation, the panel will discuss current state statutes, recent legislative and judicial developments and the panel's expectations of how this issue may develop over the next weeks, months and years to come. |
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Craig B. Fields, Partner Morrison & Foerster, LLP; New York, New York Joe W. Garrett, Jr. Alabama Department of Revenue; Montgomery, Alabama Christopher R. Grissom, Partner Bradley Arant Rose & White LLP; Birmingham, Alabama
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| 1:15 p.m. | SOUTHEAST ROUNDTABLE A panel of state and local tax practitioners will discuss hot topics from their respective jurisdictions. The discussion will be very informal and interactive. |
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ALABAMA: Bruce P. Ely, Partner Bradley Arant Rose & White LLP Birmingham, Alabama FLORIDA: Mark E. Holcomb, Partner Holland & Knight LLP Tallahassee, Florida GEORGIA: John L. Coalson, Partner Alston & Bird, LLP Atlanta, Georgia KENTUCKY: Mark F. Sommer; Chair, Tax & Finance Group Greenebaum Doll & McDonald PLLC Louisville, Kentucky LOUISIANA: William M. Backstrom, Jr., Partner Jones, Walker, Waechter, Poitevent, Carrére & Denégre, LLP; New Orleans, Louisiana MISSISSIPPI: Louis G. Fuller, Member Brunini, Grantham, Grower & Howes, PLLC Jackson, Mississippi NORTH & SOUTH CAROLINA: Jack L. Harper; Vice President, Tax Examinations Wachovia Corporation; Charlotte, North Carolina TENNESSEE: Michael D. Sontag, Member Bass, Berry & Sims, PLC Nashville, Tennessee VIRGINIA: Robert C. Lightburn, Adjunct Professor American University; Washington, D. C.
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| 3:00 p.m. | Adjourn. | |
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ESTIMATED TOTAL CONTINUING EDUCATION CREDIT HOURS AVAILABLE Friday - 345 Minutes 50-Minute Hour: 6.9 Hours (6.5 Hours calculated according to the National Registry of CPE Sponsors Requirements) 60-Minute Hour: 5.75 Hours ESTIMATED TOTAL CONTINUING EDUCATION CREDIT HOURS AVAILABLE Thursday & Friday - 840 Minutes 50 Minute Hour: 16.8 Hours (16.5 Hours calculated according to the National Registry of CPE Sponsors Requirements) 60 Minute Hour: 14.00 Hours ESTIMATED TOTAL CONTINUING EDUCATION CREDIT HOURS AVAILABLE Wednesday, Thursday, & Friday - 1080 Minutes (Includes 60 Ethics Minutes on Wednesday) 50-Minute Hour: 21.6 Hours (Includes 1.0 Ethics Hour) (21.5 Hours calculated according to the National Registry of CPE Sponsors Requirements) 60-Minute Hour: 18.00 Hours (Includes 1 Ethics Hour) |