Day 1 | 21st Annual Tax Section Meeting

FRIDAY, MAY 27, 2022

8:25 Welcome and Introductions

8:30 North Carolina State Tax Law Case Update

Ronald Williams, North Carolina Department of Revenue, Raleigh

Discussion of recent developments in North Carolina tax law.

9:30 Break

9:45 Psychology of Transitions^†

Robynn E. Moraites, North Carolina Lawyers Assistance Program, Charlotte

Transition appears in myriad forms throughout our lives and careers: marriage, divorce, having children, children leaving for college, moving to a new town, leaving a law firm, changing practice areas, retirement … the list goes on. This session examines the unspoken "elephants in the living room" that directly impact and influence our ability (or seeming inability) to welcome or embrace transition and change.

10:45 Break

11:00 Defending Tax Clients Before the Office of Administrative Hearings and the NC Business Court

Judge Linda F. Nelson, North Carolina Office of Administrative Hearings, Raleigh
Gregory P. McGuire, Nelson Mullins Scarborough & Riley, Raleigh

Administrative Law Judge Linda Nelson shares an inside perspective on handling a case before the OAH, including a description of the OAH process, recent changes in OAH policies in tax cases, deference given to Department of Revenue rules and positions, constitutional and jurisdiction issues, and significant OAH tax cases. Greg McGuire, a former business court judge, offers perspective about appeals of OAH decisions to the Superior Court of North Carolina and tips for practitioners on effective presentation of tax issues appealed to the Superior Court.

12:00 Adjourn for the Day

SATURDAY, MAY 28, 2022

8:25 Introductions and Announcements

8:30 Fake News and the Tax Law

Kathleen D. Thomas, University of North Carolina, Chapel Hill

This session studies a data set of fake news stories related to tax and looks at the bigger picture, how the tax system is misperceived by the public, and how this impacts tax reform. We also examine some of the more recent tax reform proposals that have been under consideration during the past year and how the public perceptions of these proposals are shaped by fake news.

9:30 Break

9:45 The Intersection of Income Tax and Estate Planning

Christopher J. Denicolo, Gassman Crotty & Denicolo PA, Clearwater, FL

Tax planning in the estate planning realm is not necessarily confined to estate and gift taxes. Income tax planning is an important component of a sound and proper estate plan. Fortunately, there are myriad techniques, strategies and arrangements available that can be used to provide income tax benefits for clients with respect to asset titling, structuring and otherwise. This presentation addresses several of these techniques, strategies and arrangements, including planning for retirement assets, optimizing the step-up in basis, claiming the Section 1202 gain exclusion on the sale of certain stock, using charitable vehicles to defer income tax, and many others.

10:45 Break

11:00 Planning to Litigate: Where the Rubber Meets the Road, 2022 Edition

William L. Mills IV, Culp Elliott and Carpenter PLLC, Charlotte
John J. Nail, Chamberlain Hrdlicka White Williams & Aughtry, Atlanta, GA

Hear a discussion of common and easy-to-miss planning missteps and the impact of an IRS examination on your client. In this session, speakers provide best practices and strategies for dealing with various client scenarios, review relevant case law, and offer insight from their experience with recent IRS audits and litigation.

12:00 Adjourn for the Day

SUNDAY, MAY 29, 2022

8:25 Introductions and Announcements

8:30 Anatomy of a Worker-Classification Dispute: Securing Section 20 Relief, Avoiding Employee Status, Recouping Fees and More

Hale E. Sheppard, Chamberlain Hrdlicka White Williams & Aughtry, Atlanta, GA

The IRS claims that worker misclassification is one of the largest causes of the "tax gap." Gain a better understanding of how the IRS constantly audits businesses in an effort to recharacterize their workers as employees (instead of independent contractors), how it conducts worker-classification disputes, and how its approach differs from that of the Department of Labor.

9:30 Break

9:45 Benefits and Risks of Technology in Law Practice^*‡

Catherine Sanders Reach, North Carolina Bar Association, Cary

Technology use in law firms can be a boon or a curse. Comment [8] to NC RPC 1.1 (Competence) requires lawyers to "keep abreast of changes in the law and its practice, including the benefits and risks associated with the technology relevant to the lawyer's practice." In this session, we explore risks inherent in the use of common technologies like email, calendaring, document sharing and social media — and how to mitigate those risks. We also explore technologies that help reduce risks, like practice management applications, rules-based calendaring, document assembly, client portals and more.

10:45 Break

11:00 Target or Waterfall: Partnership Allocations

Marlon Fortineaux, RSM US LLP, Baltimore, MD
Justin LaMar, RSM US LLP, Baltimore, MD

Deals are increasingly complicated, investors are increasingly savvy, and partnership agreements have become significantly more complex to adjust to investor demands. In recent years, more and more partnership agreements have been drafted using the target allocations as a response to the complexity of traditional layer cake allocations. This session discusses both methodologies, including the benefits and pitfalls of each approach to partnership allocations.

12:00 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Substance Abuse/Mental Health credit
‡ Indicates portion providing Technology Training credit

Thank you

Thank you for joining us for Day 1 of 21st Annual Tax Section Meeting.

Description

Join us for an in-depth analysis and discussion of federal, state and local laws, policies, procedures and practices.

Contributors

Christopher J. Denicolo

Christopher J. Denicolo is a partner at Gassman Crotty & Denicolo PA in Clearwater, FL. He practices in the areas of estate tax and trust planning, taxation, real estate, probate and trust administration, physician representation and corporate and business law. He is Board Certified by the Florida Bar in Wills, Trusts and Estates.

Christopher has co-authored several handbooks that have been featured in Bloomberg BNA Tax & Accounting, Steve Leimberg's Estate Planning and Asset Protection Planning "LISI" Newsletters, and the Florida Bar Journal and is also the author of the Federal Income Taxation of the Business Chapter of the Florida Bar's Florida Corporate Practice, Eleventh Edition, and the Tax Considerations for a Not-for-Profit Corporation Chapter of the Florida Bar's Florida Corporate Practice, Ninth Edition.

Christopher earned his B.A. and B.S. from Florida State University, his J.D. from Stetson University College of Law and his LL.M. in Estate Planning from the University of Miami.

Click here for more information about Christopher.
Marlon Fortineaux

Marlon Fortineaux is a tax partner in the National Real Estate Practice at RSM US LLP in Baltimore, MD. He has 17 years of experience providing tax planning, consulting, and compliance services. His real estate experience includes real estate opportunity funds, REITs, management companies and institutional investors that invest in real estate assets across all product types (hotel, multi-family, retail, office, etc.). He also has extensive experience in structuring for federal, state and international tax issues for his clients with both foreign and domestic investors including individuals, fund of funds, and various institutions.

Marlon is a member of the Illinois Society of Certified Public Accountants and a member of the American Institute of Certified Public Accountants. He earned a B.S. in accountancy and a M.S. in taxation from DePaul University.

Click here for more information about Marlon.
Christopher E. "Chris" Hannum

Christopher E. "Chris" Hannum is a partner with Culp Elliott & Carpenter PLLC in Charlotte. He practices in the areas of corporate law, trusts and estates and tax and business law. He frequently advises on complex tax and business matters, including corporate and real estate transactions and financing, estate and income tax planning, asset protection, securities matters, tax controversies, and mergers and acquisitions.

Chris has a proven track record of handling sophisticated transactions and developing effective solutions to minimize taxes and legal risks, preserve wealth and achieve other client objectives.

Chris has led or participated in many of the corporate transactions the Firm has recently handled as part of the CEC Business Planning and Transactions Practice. He is a member of the Business Law, Elder & Special Needs Law and Tax Sections of the North Carolina Bar Association.

Chris earned his B.A. in Political Science from Allegheny College, his J.D., with honors, from The University of Florida and his LL.M., with honors, in Taxation from The University of Florida.

Click here for more information about Chris.
Justin LaMar

Justin LaMar is a partner at RSM US LLP in Baltimore, MD. He is a tax advisor with RSM's national real estate practice. With over 11 years of experience in both industry and public accounting in the real estate private equity space, he provides comprehensive tax services, consulting, and perspective to his clientele. Justin has significant experience in federal and state tax consulting, structuring and compliance for a wide range of real estate clients and regularly consults on matters including transaction support, state and foreign withholding considerations and tax-exempt investor (UBTI) issues.

Justin has been involved in the acquisition, development, and disposition of various real estate projects across a range of product types (hospitality, commercial, multi-family, etc.). Within industry this included leading multidisciplinary teams through the entire deal life-cycle. Within public accounting this encompasses planning for a variety of federal, state and international tax issues; and representation of clients before the IRS and various state taxing agencies.

Justin serves as a developer and presenter for the firm's national tax training program. He also serves as a coach with the firm's first-choice advisor journey, focused on helping teams deliver the Power of Being Understood to our clients.

Justin earned his B.S. in Urban Planning & Business from Arizona State University, his M.B.A in Accounting and M.A. in Accounting and Finance from Keller Graduate School of Management of DeVry and his M.S. in Taxation from Florida Atlantic University.

Click here for more information about Justin.
Gregory P. "Greg" McGuire

Gregory P. "Greg" McGuire is a partner at Nelson Mullins Scarborough & Riley in Raleigh. He has more than 26 years of experience as a litigator and for seven years served as a trial judge on the North Carolina Business Court for Complex Business Cases. As a judge, he presided over hundreds of cases involving the interpretation and application of corporate law, business torts, trade secrets, non-competition agreements, trademarks, and administrative law. As a former shareholder of an international law firm, he has litigated matters in a broad range of areas of civil law.

Prior to his appointment to the bench, Greg was a shareholder with Ogletree Deakins Nash Smoak & Stewart, one of the nation's leading workplace law firms, where he spent over 26 years as a counselor and litigator for large, medium, and small companies across a wide variety of industries. He litigated in and obtained favorable jury trial verdicts in state and federal courts throughout the United States, including courts in North Carolina, South Carolina, Virginia, Florida and Michigan. Greg was recognized by Best Lawyers in America as a North Carolina Super Lawyer.

Greg earned his B.S. in Industrial and Labor Relations from Cornell University and his J.D. from University of North Carolina School of Law.

Click here for more information about Greg.
William L. "Bill" Mills IV

William L. "Bill" Mills IV is a partner with Culp Elliott and Carpenter PLLC's estate planning practice group in Charlotte. His practice focuses on providing individuals and families with comprehensive legal services for their estate, tax, and business planning needs. He represents clients in complex matters relating to estate planning, trust and estate administration, wealth transfer planning, and business succession planning. His practice also includes providing advice to business owners and entities on tax and organizational aspects of partnerships, S corporations, and limited liability companies.

Bill has experience in designing and implementing sophisticated strategies to minimize estate, gift, generation-skipping, and income taxes and to provide for the protection and preservation of a family's legacy assets. This experience includes the organization and funding of many types of family entities and irrevocable trusts, and the creative use of charitable gifts and life insurance to accomplish a family's planning goals. Bill has successfully represented clients in audits of various wealth transfer techniques.

Bill earned his B.A. in Philosophy and Economics from Wake Forest University, his J.D., magna cum laude, University of South Carolina School of Law and his LL.M. in Taxation from New York University School of Law.

Click here for more information about Bill.
Robynn E. Moraites

Robynn E. Moraites is the Executive Director of the NC LAP. She obtained her undergraduate degree in education from Florida State and her law degree from UNC at Chapel Hill. Prior to attending law school, she ran a public health program at the University of Miami where she developed continuing medical education programs for healthcare professionals working in the field of geriatric medicine.

Prior to joining the LAP, Robynn practiced law in North Carolina in large firm, small firm, and in-house settings. She has an extensive background and knowledge in helping lawyers in recovery.

Click here for more information about Robynn.
John J. Nail

John J. Nail is a senior associate in the Tax Controversy and Litigation section in the Atlanta, GA office of Chamberlain Hrdlicka White Williams & Aughtry. His practice focuses on representing clients in all levels of their matters with the IRS, from examination and appeals to litigation in the U.S. Tax Court and Federal District Court.

John has significant experience that allows him to effectively counsel clients in tax matters. Some areas in which he has assisted clients include disallowed deductions for charitable contributions, executive compensation, and bad business debts; employment tax compliance; state sales and use tax audits; and collection activities. John also has experience counseling high net worth individuals and corporate clients on issues related to tax, estate, and business planning.

John is a member of the Tax Section of the American Bar Association.

John earned his B.S. in Economics from College of Charleston and his J.D., cum laude, from Wake Forest University School of Law.

Click here for more information about John.
Judge Linda F. Nelson

Judge Linda F. Nelson has been an administrative law judge with the North Carolina Office of Administrative Hearings in Raleigh since August 2021. She was the first female Chair of the NCBA Tax Section, and the first Tax Section Chair to give birth during her tenure. The baby just finished her first year at NYU Law School and is spending the summer clerking for the N.C. Supreme Court. Judge Nelson's last speaking engagement at a Kiawah Tax Seminar was almost 30 years ago.

Judge Nelson received her A.B. degree from Harvard University and her J.D. degree from the University of California at Berkeley School of Law.

Click here for more information about Judge Nelson.
Catherine Sanders Reach

Catherine Sanders Reach is Director for the Center for Practice Management at the North Carolina Bar Association, providing practice technology and management assistance to lawyers and legal professionals. Formerly she was Director, Law Practice Management and Technology for the Chicago Bar Association and the Director at the American Bar Association's Legal Technology Resource Center.

Prior to her work at the NCBA, CBA and ABA she worked in library and information science environments for a number of years, working at Ross and Hardies as a librarian. She received a master's degree in Library and Information Studies from the University of Alabama, Tuscaloosa in 1997.

Catherine's professional activities include articles published in Law Practice magazine, Law Technology News and GPSolo Magazine, as well as numerous other publications. She has given presentations on the use of technology in law firms for national bar conferences, state and local bar associations and organizations such as the National Association of Bar Council and the Association of American Law Schools. In 2011 she was selected to be one of the inaugural Fastcase 50, celebrating fifty innovators, techies, visionaries, and leaders in the field of law and in 2013 became a Fellow of the College of Law Practice Management. She served on the ABA TECHSHOW Board from 2007-2009, 2014-2016 and is co-vice chair in 2019.

Click here for more information about Catherine. Connect with her on Twitter and LinkedIn.
Hale E. Sheppard

Hale E. Sheppard is a Shareholder in the Tax Controversy Section of Chamberlain Hrdlicka White Williams & Aughtry in Atlanta, GA. He defends individuals and businesses during tax audits, tax appeals and tax litigation.

Hale has participated in over 150 tax cases before the Tax Court, Court of Appeals, District Court, and State Tax Tribunals. In addition to resolving issues through tax litigation, Hale has obtained dozens of favorable Private Letter Rulings for clients from the IRS National Office on procedural, tax, and international issues.

During his studies, Hale received several awards for academic excellence, including the prestigious Harry S. Truman Foundation Scholarship, Janice Dawson Quinn Tax Scholarship, Tinker Foundation Scholarship, and Senator James B. Pearson International Fellowship. He also served as a graduate editor of the Florida Tax Review and member of the Kansas Journal of Law & Public Policy. Chambers USA, Legal 500, Super Lawyers, and Best Lawyers in America have recognized him as a leader in tax litigation, with the latter naming him tax attorney of the year for 2023. He has also been inducted into the American College of Tax Counsel.

Hale holds five college degrees. At the University of Kansas, he earned a B.S., with distinction, M.A., with honors, and J.D. He later received an LL.M. in international law, with highest distinction, from the Universidad de Chile in South America. Finally, he obtained an LL.M. in tax from the University of Florida, where he was a graduate tax scholar.

Hale ranks among the most active tax writers in the country. He has published nearly 170 major articles in top tax journals and university law reviews, both domestically and abroad.

Click here for more information about Hale.
Kathleen D. Thomas

Kathleen D. Thomas is the George R. Ward Term Professor of Law at University of North Carolina School of Law in Chapel Hill. She joined the Carolina Law faculty in 2013. Her teaching and research interests include federal income taxation, tax policy, and contracts law.

In 2018, Kathleen received the Frederick B. McCall Award for Teaching Excellence from the graduating class. She is the author of numerous articles on tax policy, and has written extensively on the intersection of tax compliance and behavioral law and economics, as well as the intersection of technology and the tax law. Her work has appeared in Virginia Law Review, Pennsylvania Law Review, Notre Dame Law Review, Boston College Law Review, UC Davis Law Review, University of Washington Law Review, the Indiana Law Journal, and Tax Notes, among others.

Kathleen earned her B.S., summa cum laude and Phi Beta Kappa, in Mathematics from the College of William & Mary and her J.D., cum laude, and her LL.M. in Taxation from NYU School of Law.

After law school, Kathleen practiced tax law in New York for six years, working at Simpson Thacher & Bartlett LLP (2005-2007) and Cooley LLP (2007-2011). Immediately prior to joining Carolina Law, she was an Acting Assistant Professor of Tax Law at NYU School of Law (2011-2013).

Click here for more information about Kathleen.
Ronald D. "Ron" Williams II

Ronald D. "Ron" Williams II serves as the Assistant General Counsel for Tax Administration for the North Carolina Department of Revenue. In this role, Ron advises Tax Administration and the Department on a variety of areas related to State and Local Taxation.

Before joining NCDOR, Ron previously worked for the North Carolina Attorney General representing the NCDOR in contested tax matters. Ron has successfully litigated matters in North Carolina Appellate Courts and Federal Bankruptcy Courts across the country.

Ron is a cum laude graduate of North Carolina Central University School of Law.

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Thank you

Description

Contributors

Christopher J. Denicolo

Marlon Fortineaux

Christopher E. "Chris" Hannum

Justin LaMar

Gregory P. "Greg" McGuire

William L. "Bill" Mills IV

Robynn E. Moraites

John J. Nail

Judge Linda F. Nelson

Catherine Sanders Reach

Hale E. Sheppard

Kathleen D. Thomas

Ronald D. "Ron" Williams II