Introduction to State and Local Taxation 2024 (presented by NYU School of Professional Studies) [Day 2]

Lynn A. Gandhi, Esq. | Foley & Lardner LLP

Practicing for more than three decades, Lynn A. Gandhi has acquired a wealth of experience as a sophisticated tax attorney, including 14 years as corporate in- house counsel, providing her extensive knowledge of the challenges facing businesses in their tax reporting obligations, risk management, and planning. Lynn is a partner in the firm’s Detroit office member of the Tax, Employee Benefits & Executive Compensation, and Estate Planning Practices.

Lynn advises her clients on sophisticated multistate tax planning opportunities, manages complex audits, provides transactional support on the multistate tax implications of merger and acquisition transactions, constructs submissions for tax insurance policies, and assists with unclaimed property audits and voluntary disclosures.

She is a successful litigation attorney in tax matters at the administrative, trial, and appellate levels in multiple jurisdictions throughout the United States. Lynn is also a registered lobbyist and represents clients in legislative and policy initiatives across multiple industry platforms. Her clients include foreign- based companies with U.S. operations, Fortune 500 companies, private equity funds, as well as trade associations. She is sought out for her practical approach in resolving controversy matters, and when settlement is not possible, her strategic approach is to avoid unnecessary “scorched earth” litigation.

Lynn is well-known for her enthusiasm and engagement with tax policy initiatives and is considered a subject matter expert within her professional community. She has led legislative, administrative, and regulatory changes large and small to benefit business entities and their owners. Lynn is particularly well- versed in Michigan taxes, including unemployment taxes, gaming excise taxes, cannabis and liquor excise taxes, insurance company taxes, officer liability exposure, and unclaimed property laws. Lynn has written extensively and is a frequent subject matter speaker on state tax topics, having published more than 60 articles and spoken or presented at over 100 events. She currently writes a State Tax Notes column entitled “Smitten with the Mitten.” Lynn is also an adjunct professor at Wayne State University Law School, her alma mater. In addition to being an accomplished state tax attorney, Lynn is a licensed Certified Public Accountant (CPA).

Jamie Yesnowitz, Esq. | Grant Thornton Advisors LLC

Jamie Yesnowitz, principal serving as the State and Local Tax (SALT) leader within Grant Thornton’s Washington National Tax Office, is a national technical resource for Grant Thornton’s SALT practice. He has 22 years of broad-based SALT consulting experience at the national and practice office levels in large public accounting firms.

Yesnowitz has extensive knowledge of state corporate income and sales tax legislation and policy; state tax conformity to federal tax provisions; state tax reaction to significant court decisions; and state corporate income tax apportionment rules. He has written numerous articles and is frequently quoted in national publications, including the Wall Street Journal, Bloomberg BNA Daily Tax Report, Tax Analysts State Tax Today, AICPA Tax Adviser, and the Journal of Multistate Taxation and Incentives. Prior to entering the field of public accounting, Yesnowitz practiced law as a corporate and securities attorney in New York.

Eric M. Anderson, Esq. | Andersen Tax

Eric Anderson provides state and local tax services as part of the US National Tax practice. He has expertise in strategic tax planning, controversy representation, and tax risk management for clients across the firm. Eric also focuses on income tax planning and compliance, sales and use tax transaction planning, mergers & acquisitions, local tax matters, and administrative tax controversies. Eric also has extensive experience with unitary tax planning, business and non-business issues, and entity structuring to manage multistate tax liabilities.

Eric serves as an Andersen firm-wide resource for credit and incentive consulting, including negotiated incentives related to company expansions and training activities, as well as statutory tax credits. He has helped clients obtain refunds for a variety of statutory credits aggregating millions of dollars.

Eric has practiced in the state and local tax area since 1994. Before joining Andersen, he worked with international professional services firms consulting in a variety of state and local tax areas. He also held a tax planning position with a Global 100 technology consulting corporation, where his team led a global reorganization to place the company in a tax-efficient structure leading up to an initial public offering.

Eric serves as an adjunct professor at the University of San Francisco School of Law. He previously taught state and local taxation in other law programs. He is also a frequent speaker at national and regional conferences.

Mitchell A. Newmark, Esq. | Blank Rome LLP

Mitchell defends audits and litigates U.S. state and local tax matters before judicial courts and administrative tribunals around the country. He has successfully argued cutting edge, precedential tax matters before state high courts, intermediate appellate courts, and trial courts on behalf of clients obtaining favorable outcomes across a wide range of industries.

He advises clients on all state and local income, gross-receipts, franchise, sales, use, excise, and miscellaneous taxes as well as myriad fees and unclaimed property obligations. He counsels clients on state and local aspects of sophisticated planning and transactional matters, such as acquisitions; dispositions; restructurings; and asset-based financing transactions, including inventory and off-take financing agreements. He has also successfully counseled individuals and estates regarding residency, domicile, and multistate taxability in audits and appeals.

Mitchell was named a Law360 Tax MVP in 2019. He routinely publishes articles on U.S. state and local taxation, which have appeared in leading industry publications such as Tax Executive, The Professional Journal of the Tax Executives Institute; Deal Lawyers; Law360 Tax; the New Jersey Bar Association Taxation Law Section Newsletter; the DealLawyers.com blog; State Tax Notes; COST State Tax Report; Association of Corporate Counsel; and Tax Management’s Multistate Tax Report.

He also frequently delivers lectures on state and local tax issues and has spoken before numerous organizations, including the New York University’s (“NYU”) Institute on State and Local Taxation; Georgetown University Law Center’s Advanced State and Local Tax Institute; New York University’s School of Professional Studies Tax Conferences in July; Vanderbilt University Law School’s Paul J. Hartman State and Local Tax Forum; The Tax Executives Institute; The Council on State Taxation; The Energy Tax Association; STARTUP; North Eastern States Tax Officials Association; New Jersey CPA Society; New Jersey Bar Association; New Jersey Society of Enrolled Agents; and the Chicago Tax Club.

Chambers USA notes that clients say Mitchell “is client-focused, knowledgeable and responsive,” and share that they are “highly appreciative of Mitchell’s awareness of organizational issues and ability to address them.” Prior to joining Blank Rome, Mitchell was a partner at a leading Am Law 100 firm and spent six years as a deputy attorney general at the New Jersey Attorney General’s Office, where he represented the Division of Taxation, among other agencies and bodies, in court. He also counseled the Division of Taxation and other agencies on regulatory matters. From 1996–1997, he served as a law clerk for the Honorable Irwin I. Kimmelman, New Jersey Superior Court, Appellate Division.

Charles C. Kearns, Esq. | Eversheds Sutherland (US) LLP

Charlie Kearns advises Fortune 500 clients on all aspects of state and local tax policy, planning, restructuring and acquisitions and controversy.

Charlie advises employers on state and local tax issues arising out of employment relationships, including multistate withholding compliance and policies, deferred compensation planning and unemployment insurance matters. As part of his practice, Charlie routinely assists multistate and multinational employers on state and local tax issues related to remote and mobile workforces, such as advice on policy drafting and implementation, planning and restructuring and compliance. Charlie has extensive experience with state and local tax issues affecting the technology, media and telecommunications industries, particularly with respect to state legislative analysis and drafting, the application of federal legislation to state taxes, the Streamlined Sales and Use Tax Agreement and other policy matters. Before joining the firm in 2005, Charlie was a Graduate Fellow at the Council on State Taxation.

Mark W. Yopp, Esq. | Baker & McKenzie LLP

Mark Yopp is a member of Baker McKenzie’s Tax Practice Group located in the New York office. Mark regularly counsels clients on state and local tax matters, including state tax controversy, multistate planning and federal and multistate legislative monitoring and analysis. His practice focuses on corporate/franchise tax, sales tax, withholding taxes and unclaimed property. Mark also has extensive experience providing counsel to clients with regard to the state tax implications of new and emerging technologies, including digital goods and services, cloud computing and electronic commerce.

Michael J. Semes, Esq. | Baker & Hostetler LLP

Mike utilizes over 30 years of government executive, financial and academic experience to drive state and local tax value to his clients in their most significant controversies and transactions.

Mike has served as Pennsylvania Governor Tom Ridge’s Chief Tax Counsel, has been a partner in two ‘Big 4’ firms and is currently a professor of practice at Villanova University Law School Graduate Tax Program. This diverse background enables collaboration with his clients to examine various issues through legal, regulatory, policy, procedural, financial, reputational and academic lenses, leading to practical, goal-oriented solutions. Mike has handled a broad range of tax issues and won significant victories in many state forums. From a sector perspective, he has a wealth of experience working with companies on both the regulated and non-regulated sides of the energy industry. Mike has also been actively involved in following, writing and speaking about the recent trends in adopting and proposing digital advertising taxes.

David Yanchik, Esq. | KPMG

David is a senior manager in the KPMG Pennsylvania Business Unit. David graduated with a degree in Accounting from The Ohio State University and went on to receive his Juris Doctorate from the University of Pittsburgh School of Law. Prior to joining KPMG, David spent a summer interning with the firm and also has experience working for a mid-size law firm and a small sporting goods manufacturer.

David’s experience includes advising on many aspects of multi-state tax matters, focusing mainly on income and franchise tax issues involved in complex corporate transactions (mergers, acquisitions, spin-offs, restructurings, bankruptcies). With his experience with international and federal tax, David has recently been involved in helping clients understand the state tax impact of tax reform with analysis on mandatory repatriation, GILTI, FDII, and 163(j). Additionally, David has worked with Fortune 50 clients on state tax planning, analysis of state tax attributes following an ownership change, and various state tax controversy matters. David has assisted clients on numerous mergers, acquisitions, and restructurings by helping them to navigate the complex interplay between international, U.S. federal, and state income taxation.

Michele Borens, Esq. | Eversheds Sutherland (US) LLP

Michele Borens advises her clients, many of whom are impacted by taxation in the digital economy, in strategic state and local tax planning. She also defends them in litigation regarding state income and sales tax assessments.

With comprehensive knowledge of individual state tax policies, Michele provides strategic advice on multistate strategies and planning, state-specific tax reductions, transactional planning and reverse income tax reviews. She helps corporate clients reorganize and restructure their projects and advises on travel and business operation expansion into particular states. Michele also represents and defends clients, many of whom operate in the e-commerce and telecommunications industries, in controversy and tax matters, including state tax nexus issues. Michele represents clients nationwide, and has worked extensively with companies that have litigation in Maryland regarding intangible holding companies.

Before joining the firm, Michele was a manager with PricewaterhouseCoopers LLP in the State and Local Tax Services group. Her practice included advising clients on state and local tax issues associated with corporate reorganization and restructuring, negotiating and securing state credits and incentives, and advising on state tax refund and planning opportunities. Her clients operated in numerous industries including construction, biotechnology, government contracting, health care, law and hospitality.

Nikki E. Dobay, Esq. | Greenberg Traurig, LLP

Nikki Dobay is nationally known for her deep experience and understanding of state tax policy and the legislative process. She also advises her clients on sophisticated multistate tax issues as well as the consequences and planning opportunities related to corporate M&A transactions and oversees state and local tax controversy matters, ranging from audits to appellate litigation, and involving sales and use taxes, income and franchise taxes, property taxes, and constitutional issues.

Nikki regularly engages with statewide business and taxpayer associations and departments of revenue, as well as national tax administrator organizations, including the Federation of Tax Administrators (FTA), the Multistate Tax Commission (MTC), and the National Conference of State Legislatures (NCSL), on key SALT issues impacting multijurisdictional taxpayers. Nikki’s previous experience includes spending five years as senior tax counsel for the Council On State Taxation (COST). She also gained experience working in the national office of a Big Four accounting firm and at a large international law firm and a large corporate law firm in Oregon, where she assisted clients with multistate tax issues and Oregon tax controversy matters, including proceedings in the Oregon Tax Court.

Jeremy P. Gove, Esq. | Eversheds Sutherland (US) LLP

Jeremy Gove works with clients through various stages of multistate tax planning and structuring, state and local tax (SALT) controversy and litigation and policy matters. Jeremy’s practice involves resolving controversies throughout the litigation process, including trial and appeals. His experience includes counseling clients on a variety of multistate taxation issues, including corporate income, franchise, gross receipts, and sales and use taxes. He hosts the SALT team’s SALT Shaker Podcast, which explores SALT trends and updates. Prior to joining Eversheds Sutherland, Jeremy worked for a global law firm where he represented clients in income, franchise, gross receipts, and sales & use tax controversy matters throughout the country at the administrative and judicial level.

Michael J. Hilkin, Esq. | McDermott Will & Emery

Michael J. Hilkin represents clients in all aspects of complex state and local tax matters. He has a particular focus on tax controversy and transactional issues relating to state and local income, franchise, sales and use, gross receipts and other business taxes. Michael has extensive experience handling state and local tax issues before US administrative and judicial systems.

Michael is the current chair for the State and Local Tax Committee for the New York City Bar Association. He also frequently speaks on concerning state and local tax issues before the Council on State Taxation, the Practising Law Institute, the New Jersey State Bar Association, The New York State Bar Association, TeleStrategies and Interstate Tax.

Cyavash N. Ahmadi, Esq. | Eversheds Sutherland (US) LLP

Cyavash assists clients on a broad array of state and local tax (SALT) issues. He also assists with compliance, planning, litigation, controversy, and audit defense. Cyavash is experienced in multistate taxation issues involving income, franchise, sales and use, and property taxes.

Prior to joining Eversheds Sutherland, he was an associate at a New York law firm where he regularly worked on tax research and analysis concerning a broad range of issues, including fund formation and structuring, liquidating trusts, tax-free reorganizations, qualified settlement funds, cross-border mergers and acquisitions, state and local taxes, and matters relating to tax-exempt organizations.

Todd G. Betor, Esq. | Eversheds Sutherland (US) LLP

Todd Betor focuses his practice on the state and local tax implications of business transactions, including mergers, acquisitions and restructurings.

He advises clients on the impact of federal tax provisions on state taxation. Todd counsels clients in the digital economy, retail and technology industries, with a particular emphasis on marketplace and remote sellers. He guides clients through state tax planning pre- and post-transaction, and provides modeling, guidance and integration recommendations. He also helps clients throughout the reorganization process, from drafting implementation plans to writing tax opinions.

Todd instructs clients on all aspects of state and local tax, including income, franchise, sales and use, telecom and other transaction taxes, as well as tax accounting for state and local taxes. In addition to tax planning, he represents clients in tax controversy and litigation matters, and advises on employment tax withholding, resident status and other state tax issues for clients with mobile, global workforces.

Prior to joining Eversheds Sutherland (US), Todd served as an associate at a Big Four accounting firm in San Francisco. There he focused on the tax consequences of internal reorganizations, mergers and acquisitions, and dispositions.

Aruna Chittiappa, Esq. | Pillsbury Winthrop Shaw Pittman LLP

Aruna Chittiappa advises clients on a variety of corporate state and local tax matters, including multistate litigation, planning, audit defense, and controversy issues.

Prior to joining Pillsbury, Aruna worked on international tax treaty matters, the BEPS Action Plan, and inbound taxation issues. Aruna’s experience includes representing Fortune 100 businesses in state and local tax litigation throughout the United States. Aruna’s litigation work ranges from audit defense to multi-state tax litigation and appeals in state courts and tax tribunals. In addition to her litigation work, Aruna advises on state and local tax planning matters involving complex state tax issues.

Ted W. Friedman, Esq. | Eversheds Sutherland (US) LLP

Ted serves as national state and local tax counsel to many of the Fortune 100 and other industry-leading companies. Ted represents clients in state tax controversy, planning, policy and compliance matters in jurisdictions across the country. He assists with a wide range of issues involving income and franchise taxes, sales and use taxes, gross receipts taxes, property taxes and telecommunication taxes. Ted’s clients span a variety of industries, including banking and financial services, e-commerce, technology and telecommunications.

In addition to Ted’s multistate practice, Ted helps companies from across the country address complex New York State and New York City tax issues, from audit through appellate litigation.

Ted is active in the SALT community and frequently speaks on state tax topics in various forums, including the Tax Executives Institute’s national and regional tax conferences, the Council on State Taxation’s state tax conferences, the Bank & Capital Markets Tax Institute, the Wall Street Tax Association, and New York University’s Institute on State and Local Taxation.

Timothy G. Schally, Esq. | Michael Best & Friedrich LLP

Tim provides strategic counsel on tax matters contested by the Internal Revenue Service, the Wisconsin Department of Revenue, and the taxing authorities of other state and local jurisdictions. Contested matters, for Fortune 1000 and other clients, include:

Federal income taxation of banks, insurance companies, and manufacturers. Multistate apportionment and allocation of income.

Transfer pricing among affiliated entities. Sales and use tax for retailers, manufacturers, and construction contractors.

Tim has long been considered a “go-to” attorney on Wisconsin tax matters, both for out-of-state and Wisconsin-based companies. He regularly represents taxpayers with complex tax matters in administrative appeals, and in litigation before the Tax Appeals Commission and the Wisconsin appellate courts. It can be said that Tim “wrote the book” on Wisconsin taxes, as he is a principal author of The Complete Guide to Wisconsin Sales & Use Taxes, a treatise covering all aspects of the Wisconsin sales and use tax system, and the author of Wisconsin Business Taxes, an extensive examination of all Wisconsin business taxes.

Kathleen M. Quinn, Esq. | Jones Walker LLP

Katie Quinn is a partner in the Tax Practice Group. She advises businesses across the country on state and local tax planning and tax controversy matters.

Katie advises multinational, national, and regional businesses, as well as high-net-worth individuals, on the full spectrum of state and local tax matters. Katie understands how tax strategies fit into her clients’ broader business goals and offers practical, actionable advice to help ensure compliance and resolve disputes with tax authorities. Based in Jones Walker’s New York office, Katie has advised clients on state and local tax issues in all 50 states, with a special focus on the tri-state area: New York, New Jersey, and Connecticut.

Katie has represented clients at every stage of state and local tax controversies, including audits, administrative hearings, trials, and administrative and judicial appeals. She routinely represents clients before the New York State Division of Tax Appeals, the New York City Division of Tax Appeals, and state tax tribunals and courts from coast to coast. Katie’s clients have interests, investments, and operations across a wide range of industries, including financial services, private equity, technology, retail, and media and entertainment. She also has particular experience in advising art galleries, dealers, and collectors on state tax issues involving the purchase and sale of fine art.

Katie advises clients on all state and local taxes, including income taxes and sales and use taxes. A powerful advocate, she helps companies and industry organizations work with legislators and regulators across the country to develop effective, business-oriented tax laws and policy.

Elizabeth S. Cha, Esq. | Eversheds Sutherland (US) LLP

Liz counsels clients on state and local taxation matters. These matters include sales and use taxes, utility taxes and other taxes imposed on regulated entities. Liz represents clients in tax controversy and counsels clients on state tax planning, structuring and integration.

Liz also counsels clients on unclaimed property matters, such as voluntary disclosure and audit management.

Jeremy Sharp, Esq, | Deloitte

Amy Letourneau, Esq. | RSM US LLP

Leonore Heavey, Esq. | Council On State Taxation

Leonore Heavey is Senior Tax Counsel for the (Council On State Taxation) COST and is the lead advocate for the Northeastern states. Before joining COST, Leonore served as Chief Revenue Counsel for the Louisiana Senate. She began her career in state and local taxation at the Louisiana Department of Revenue where she served in numerous roles during her tenure including Assistant Director of the Policy Services, Tax Administration, and Audit Review divisions. Leonore’s work with the department included serving on their legislative liaison team, drafting tax policy documents, and reviewing corporate income and franchise tax field audits. Her undergraduate degree in Agriculture and masters in Agricultural Economics are from Washington State University. She earned her Master of Laws in Taxation from the University of Denver and her Juris Doctor from the University of Idaho College of Law. Leonore is a member of the Louisiana and Washington state bar associations.

Marilyn A. Wethekam, Esq. | Council On State Taxation

Marilyn A. Wethekam, Esq. is Of Counsel to the Council On State Taxation. COST, with a membership of over 500 multistate corporations, is dedicated to preserving and promoting equitable and nondiscriminatory state taxation of multi-jurisdictional entities. Prior to joining COST Ms. Wethekam was a partner at HMB Legal Counsel in Chicago where she had a national SALT practice representing multistate and multinational corporations in all areas of state tax advising clients on multistate tax issues involving income, franchise, and transaction taxes. Prior to going into private practice, Ms. Wethekam was tax counsel for both Mobil Oil Corporation and Montgomery Ward & Co. where she developed an understanding of the complex issues encountered by multistate and multinational corporations.

Ms. Wethekam serves on the Bloomberg BNA State Tax Advisory Board, State Tax Notes Advisory Board, and the Advisory Board of the Paul J. Hartman State Tax Forum. She is a frequent speaker before national tax organizations such as The Paul J. Hartman State Tax Forum; COST; the Tax Executives Institute and the Federation of Tax Administrators. Ms. Wethekam is a past Chair of COST.

In 2010 Ms. Wethekam was named as the second recipient of the COST Paul Frankel Excellence in State Taxation Award. She received the 2012 Bloomberg BNA, Frank Latcham Award for Distinguished Service in State and Local Tax Law, was named one of the 2016 Outstanding Women in Tax, by Tax Notes, in 2018 named by Crain’s as one of Chicago’s Notable Women Lawyers and in 2023 received the Paul J. Hartman award for contributions to the state and local tax profession. She has an LLM in Taxation from the University of Illinois Chicago, is a graduate of Illinois Institute of Technology Kent College of Law and Loyola University of Chicago. Ms. Wethekam is a member of the US Supreme Court, Illinois, and Texas bars.

Andrew Jay Maschas, Esq. | Comptroller of Maryland

DAY 1: MONDAY, JULY 22

US CONSTITUTIONAL AND OTHER FEDERAL CONSTRAINTS ON STATE TAXATION | 8:25am – 9:30am

Lynn A. Gandhi, Esq., Partner, Foley & Lardner, Detroit, MI
Jamie C. Yesnowitz, Esq., Principal, Grant Thornton, Washington, DC

INTRODUCTION TO SALES AND USE TAXATION | 9:30am – 10:30am

• Discussion and Overview of Sales and Use Taxes
• Commonalities and Differences Among State Sales Taxes
• Tangible Personal Property and other Key Definitions
• Credits Against Taxes Paid to Other States

Eric M. Anderson, Esq., Managing Director, Andersen Tax, San Francisco, CA
Mitchell A. Newmark, Esq., Partner, Blank Rome, New York, NY

Break | 10:30am – 10:45am

SALES TAXATION EXEMPTIONS AND ADMINISTRATION | 10:45am – 12:00pm

• Resale, Manufacturing, Processing Exemptions
• Exemption Certificates Administration
• Streamlined Sales and Use Tax Project and Agreement
• Common Audit Issues

Charles C. Kearns Esq., Partner, Eversheds Sutherland US, Washington, DC
Mark W. Yopp, Esq., Partner, Baker McKenzie, New York, NY

Lunch | 12:00pm – 1:00pm

SALES TAXATION OF SERVICES AND OTHER SPECIAL PROBLEMS | 1:00pm – 2:30pm

• Discussion of Taxation of Information, Data Processing, and other Computer-Related Services
• Apportionment of Service Transactions
• Bundled Transaction and Mixed Sales
• Use Taxation on Mobile Property
• Local Sales and Use Taxes
• Class Action and Qui Tam Litigation

Michael J. Semes, Esq., Of Counsel, BakerHostetler, Philadelphia, PA
David Yanchik, Esq., Managing Director, KPMG, Pittsburgh, PA

SALES AND USE TAXATION: SELLING ON A MARKETPLACE | 2:30pm – 3:15pm

• Description of Marketplace Collection Statutes including Notable Similarities and Differences
• Special Issues, including Liability of Third-Party Sellers and Marketplaces, Exemptions and Certificates,

Michele Borens, Esq., Partner, Eversheds Sutherland US, Washington, DC

Break | 3:15pm – 3:30pm

GROSS RECEIPTS TAXES | 3:30pm – 4:30pm

• Description of Various Gross Receipts Taxes, including Washington B&O, Ohio CAT, Texas Margins Tax
• Special Problems, including Apportionment, Pyramiding, Treatment of Intercompany Transactions, and Pass-Through

Nikki E. Dobay, Esq., Shareholder, Greenberg Traurig, Portland, OR
Jeremy P. Gove, Esq., Counsel, Eversheds Sutherland US, New York, NY

STATE TAX RESEARCH TOOLS, TIPS AND TRICKS | 4:30pm – 5:30pm

Michael J. Hilkin, Esq., Partner, McDermott Will & Emery, New York, NY
Cyavash N. Ahmadi, Esq., Associate, Eversheds Sutherland US, New York, NY

DAY 2: TUESDAY, JULY 23

OVERVIEW OF STATE CORPORATE INCOME TAXATION | 8:30am – 9:30am

• Tax Base and Federal Income Tax Conformity
• Common Modifications and Adjustments
• Business Income and Non-Business Income
  • Apportionment versus Allocation

Todd G. Betor, Esq., Partner, Eversheds Sutherland US, New York, NY
Aruna Chittiappa, Esq., Counsel, Pillsbury Winthrop Shaw Pittman, New York, NY

APPORTIONMENT OF THE CORPORATE INCOME TAX BASE | 9:30am – 10:30am

• Uniform Division of Income for Tax Purposes Act
  • Overview of the Three-Factor Formula
  • Description of Each Factor and Calculation

Ted W. Friedman, Esq., Partner, Eversheds Sutherland US, New York, NY
Timothy G. Schally, Esq., Partner, Tax Practice Group Chair, Michael Best & Friedrich, Milwaukee, WI

Break | 10:30am – 10:45am

SALES FACTOR: SPECIAL PROBLEMS | 10:45am – 12:00pm

• Moorman and the Constitutionality of the Single Sales Factor
• Sales of Services
  • Costs-of-Performance Issues and Litigation
  • Market-Based Sourcing Issues and Litigation
• Throwback and Throwout

Lynn A. Gandhi, Esq., Partner, Foley & Lardner, Detroit, MI
Kathleen M. Quinn, Esq., Partner, Jones Walker, New York, NY

Lunch | 12:00pm 1:00pm

THE UNITARY BUSINESS PRINCIPLE | 1:00pm – 2:00pm

• Discussion of the Principle and the Roles It Serves in Corporate Income Taxation
• Description of the Various Tests Employed to Apply the Unitary Business Principle
• Special Problems Associated with the Unitary Business Principle

Elizabeth S. Cha, Esq., Partner, Eversheds Sutherland US, New York, NY
Michael J. Semes, Esq., Of Counsel, BakerHostetler, Philadelphia, PA

STATE CORPORATE INCOME TAX FILING METHODS | 2:00pm – 3:00pm

• Separate, Consolidated and Unitary Combined Returns
  • Water’s Edge versus Worldwide Combined Reporting
• Treatment of Intercompany Transactions
• Application of State Anti-Abuse Rules
  • Addback Statutes
  • Inclusion of Tax Haven Affiliates

Michael J. Hilkin, Esq., Partner, McDermott Will & Emery, New York, NY
Jeremy Sharp, Esq., Senior Manager, Deloitte, Washington, DC

Break | 3:00pm – 3:15pm

FINANCIAL STATEMENT ISSUES ASSOCIATED WITH STATE TAXATION | 3:15pm – 4:00pm

• Application of ASC 740 (Income Taxes) and ASC 450 (Non-Income Taxes)
• Consideration of Different Tests and Comfort Levels Used to Reserve or Not

Todd G. Betor, Esq., Partner, Eversheds Sutherland US, New York, NY
Amy Letourneau, Esq., Senior Manager, RSM US, Houston, TX

STATE TAX ADMINISTRATION | 4:00pm – 4:45pm

• Statutes of Limitations
• Requirements of Refund Claims
• Requirements of State Tax Protests of Assessments
  • Differences between Proposed and Final Assessments

Leonore Heavey, Esq., Tax Counsel, Council On State Taxation, Washington, DC
Marilyn Wethekam, Esq., Of Counsel, Council On State Taxation, Washington, DC
Andrew Jay Maschas, Esq., Director, Appeals Division, Comptroller of Maryland, Baltimore, MD