Tax Section

  • Tax Report Work - Photo 1
    Welcome to the Tax Section The Tax Section engages in many activities, including holding semi-annual meetings and sponsoring ad hoc conferences. Our primary function, however, is to comment on proposed legislation and proposed regulatory guidance at the federal, state and local levels. We usually do this in the form of written reports.
  • Group of Women Lawyers
    Get Involved - Join a Committee or Club! Tax Section Committee and Club involvement allows tax lawyers to network, to research issues and to influence the law — all great ways to achieve professional growth.
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    Annual Meeting 2017
  • Upcoming Events
    • November 18, 2016: Music Business and Law Conference

      EASL'S ANNUAL MUSIC BUSINESS AND LAW CONFERENCE

      Friday, November 18, 2016

      8:00 AM-8:45 AM - Registration 
      8:45 AM - 5:00 PM - Program 

      NEW LOCATION: New York Law School | Rooms W400 and W401 | 185 West Broadway | New York, NY 10013

      EASL Section Members:  $249  
      NYSBA Members: $289 (Join EASL Today for only $35 and save $35 on your registration) 
      Non-NYSBA Members: $329 | Law Students: $149 
      Accountants receiving CPE Credits: $299 

      REGISTER NOW


      The Music Business and Law Conference will feature a variety of speakers from law, finance, business, and technology, with several panels focusing on global perspectives of representation, tax, and practical concerns for music artists and businesses alike.

      PANEL TOPICS AND SPEAKERS:

      9:00 a.m. - 10:00 a.m.

      Case Developments Impacting the Music Industry 

      • Paul LiCalsiEsq.Robins Kaplan, LLP (Moderator) 
      • Cynthia S. AratoEsq.,Shapiro Arato, LLP
      • Ross BagleyEsq., Pryor Cashman
      • Brian D. Caplan, Esq., Reitler Kailas & Rosenblatt LLC
      10:10 a.m.-11:10 a.m. (choose one) 


      International Digital Licensing and Copyright Reform


      Digital media companies and their lawyers face an array of complex licensing regimes when they expand into international markets.  This panel will take a practical focus on commercial and legal issues in the international markets ranging from collection societies and rights to emerging legal developments and deals. 

      The International Association of Entertainment Lawyers (IAEL) is pleased to present this panel in conjunction with EASL. 

      • Jeff Liebenson, Esq., Liebenson Law and President of International Association of Entertainment Lawyers
      • Alexander Ross, Esq., Wiggin LLP (London)
      • Joe Conyers III, General Manager, Songtrust 
      • Adam Parness, Head of Publisher Licensing & Relations, Pandora 

      No Direction Home:  Tax and Legal Planning for Multi National Groups

      Hit songs and the successful bands that record them are not limited to one territory.  We now have band members spread over three or four territories, which requires careful coordination of legal and accounting matters.  This session traces the legal and accounting issues of a fictional group, its members and corporate entities, from recording to touring, addressing along the way:  tax residence, international tax structures, estate taxes without borders, contract jurisdiction shopping and impact of income streams, expansion overseas by US entities, treaty protection and domestic law in a changing environment, royalty remittances, and trademark issues (i.e., Rhianna and Ukulele Orchestra cases).

      • Eric Longley, Chartered Accountant, Prager Metis (UK) (Moderator) 
      • Hal Peterson, Prager Metis
      • Robyn Guilliams, Esq., Goldstein & Guilliams, PLC

      11:20 a.m. - 12:20 p.m. (choose one) 

      Anatomy of a Music Festival

      The popularity of music festivals is becoming a dominating force the music industry.  Live musical performances are revenue earners for festival owners, promoters and artists alike.  For those in attendance, music festivals provide an atmosphere fostering creativity, unity and self-expression, and are also crazy fun.  Before the first set starts, there is extensive planning, administration, and organized execution that goes into putting on your favorite music festival.  This panel will deconstruct the components of a music festival and take a look into the business and legalities involved in such a venture.  Discussions will include: talent buying and programming; safety and insurance; financial planning and concerns; intellectual property implications; and agreements with talent, staff and sponsors.

      • Joyce Dollinger, Esq. Dollinger, Gonski and Grossman (Moderator) 
      • Peter TempkinsHUB International (Insurance Brokers)
      • Peter Shapiro, Promoter and Club Owner (Lockn' Music Festival, Brooklyn Bowl Founder, Capitol Theater)
      • Janine Small, Esq., Janine Small, PLLC
      • Nicholas JuddJudd Financial

      Planning for Celebrities and Beyond

      The recent and tragic passing of Prince has caused renewed focus on the risks of poor planning, or even worse, no planning at all.  This panel of experts will present a case study to explore the legal, tax and practical business considerations that should be addressed before this thing called Life comes to an end.

      • Gabe M. Wolosky, CPA, Prager Metis CPAs, LLC          
      • Linda J. Wank, Esq., Frankfurt Kurnit Klein & Selz, PC
      • Justin Buencamino(Valuation Expert) Prager Metis CPAs, LLC
      • Jonas E. Herbsman, Esq., Shukat Arrow Hafer Weber & Herbsman, LLP

      12:50 p.m. - 1:30 p.m. - Luncheon: Richard Gottehrer (The Orchard) to be interviewed by Jem Aswad (Billboard)  

      Perspectives:  The Music Industry – Where it’s Been and Where it’s Headed.  If anyone can provide a broad perspective on the music industry, it’s Richard Gottehrer, Co-Founder and Chief Creative Officer of The Orchard.  In 1997, The Orchard was founded to provide independent artists with the ability to sell their music to mainstream audiences.  Now, as an independent subsidiary of Sony Music Entertainment, The Orchard excels at that mission with its total music solution for artists, including digital and physical distribution, song placement, and rights management.  Ever moving forward, The Orchard goes beyond the music providing content strategy on a global scale not only for music artists but filmmakers as well.  Gottehrer’s roots in music track back to the Brill Building where he was a songwriter and contributor to pop hits, “My Boyfriend’s Back” and “I Want Candy.”   He went on to produce well-known music acts Blondie and The Go-Go’s, among others, and continues to produce through The Orchard’s premier label, Blue Horizon.   Interviewing Richard Gottehrer is Jem Aswad, senior editor at Billboard.   With an early background in A&R, Aswad was well-suited for a career in music journalism.  He’s written for New York magazine, Entertainment Weekly, the Village Voice, Esquire and other publications, and has held editorial posts at MTV News, Time Out New York, and SPIN.  With both interviewer and subject so richly steeped in the music industry, this program segment is sure to be engaging and enlightening.

      1:40 p.m. - 2:40 p.m. (choose one)

      Termination Rights and Related Issues

      So now you have your rights back, what do you do with them? 

      • Lisa A. Alter, Esq., Alter, Kendrick & Baron, LLP
      • Robert H. Bienstock, Esq., Carlin America
      • C. Katherine Baron, Esq., Alter, Kendrick & Baron, LLP

      ReMixed and Mashed Up - Clearance and Royalty Streams 

      Advancements in recording technology and the increased popularity of dance and house music have catapulted DJs to the forefront of the music scene.  Remix and mashup versions of popular songs by well-known DJs are often listened to as much as or more than the original song.  For artists seeking to earn money from remixes and mashups, however, proper clearance and licensing is necessary to avoid copyright infringement for these derivative works.  This panel will explore the types of licensing agreements available to artists seeking to monetize remixes and mashups and ways to go about ensuring proper clearance is in place to avoid infringement.

      • David Jacob, Esq.,  Glassnote Publishing
      • Bob Barbiere, Dubset Media Holdings

      2:50 p.m. - 3:50 p.m. (choose one)

      Ethics: CyberEthics

      You’ve read the headlines.  You’ve heard the news reports.  Think it can’t happen to you?  Think again!  This CLE will present an overview of the current state of cyber security law and the additional obligations imposed upon attorneys in New York by the Rules of Professional Responsibility.  Join us for a discussion of discuss issues relating to the protection of confidential information by attorneys and their clients as well as planning for, mandatory and recommended actions after, and potential liability and consequences following a data breach.

      • Donna Frosco, Esq., Dunnington, Bartholow & Miller, LLP

      Trends and the Outlook for Music Publishing and Master Catalog Transactions

      As streaming services gain traction and emerging technologies come into focus, many music industry professionals see both opportunity and cause for concern over the potential for future growth.  This panel of industry experts will discuss recent trends in catalog transactions as well as factors impacting the market for music publishing and master recording catalogs and what attorneys and valuation experts are recommending to their clients.

      • Doug Colton, Esq., Colton Law Firm, LLC (Moderator)
      • Nari MatsuuraPartner, Massarsky Consulting Inc.
      • Andrew Bergman, Esq., CEO & General Counsel,Downtown Music Publishing
      • Patrick Moxey, Founder and President, Ultra Records
      4:00 p.m. -5:00 p.m.

      DOJ Decision and PROs

      The DOJ recently interpreted the consent decrees governing ASCAP and BMI to require them to abandon decades of industry practice with respect to fractional licensing of songs, and require that each PRO license 100% songs only.  This panel will discuss the effect of that decision on the industry, what it means for songwriters publishers, the PROs themselves, as well as licensees.

      • Marc Jacobson, Esq., Marc Jacobson, P.C. (Moderator)
      • Monica CortonNext Decade Entertainment, Inc.
      • Paul M. Fakler, Esq., Arent Fox
      • Clara Kim, Esq., ASCAP
      Registration includes: 
      • Full Day Continuing Education Program with up to 6.0 MCLE Credits / 7.0 CPE Credits (this program is not transitional and therefore does not qualify for newly admitted attorneys)
      • Continental Breakfast, Refreshments and Luncheon
      To register over the phone please contact out Member Resource Center at 1-800-582-2452. For questions contact Beth Gould at bgould@nysba.org

    • Tax Section Meeting

      Morning Programs: Trianon & Rendezvous Rooms, 3rd Floor
      Afternoon Program: Grand Ballroom, 3rd Floor

      Under New York’s MCLE rule, this program has been approved for up to 5.0 credit hours in Professional Practice. This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program.

      Section Chair
      Stephen B. Land, Esq.
      Duval & Stachenfeld LLP

      TAX SECTION ANNUAL MEETING

      8:45 am – 9:00 am
      Business Meeting and Election of Officers
      Trianon Ballroom, 3rd Floor 

      9:15 am – 10:30 am
      Hot Topics in Partnership Taxation
      Trianon Ballroom, 3rd Floor (1.5 Professional Practice)
      This panel will discuss recent and expected guidance on partnerships, potentially including disguised sales, guaranteed payments, nonrecourse debt, the fractions rule, and partnership audits.

      Chair: Marcy G. Geller, Simpson Thacher & Bartlett LLP, New York City 
      Glenn E. Dance, Special Counsel, Office of Associate Chief Counsel (Pass-Throughs & Special Industries), Internal Revenue Service, Washington, DC 
      Peter A. Furci, Debevoise & Plimpton LLP, New York City 
      James B. Sowell, KPMG LLP, Washington, DC 
      Clifford M. Warren, Special Counsel, Office of Associate Chief Counsel (Pass-Throughs & Special Industries), Internal Revenue Service, Washington, DC 

      9:15 am – 10:30 am
      Where’s (Customer) Waldo? Developments in Multistate Taxation 
      Rendezvous Ballroom, 3rd Floor (1.5 Professional Practice)
      As states move to “market-based” sourcing, determining the location of the customer has become central to the allocation of multistate income. This panel will examine this trend from both a New York and national perspective.

      Chair: Arthur R. Rosen, McDermott Will & Emery LLP, New York City 
      Karin M. Ecroyd, Director, Corporate Tax Planning, Advance Finance Group LLC, New York City
      Raymond J. Freda, Andersen Tax LLC, New York City  
      Sheldon H. Laskin, Counsel, Multistate Tax Commission, Washington, DC 
      Dennis Rimkunas, Jones Day, New York City 

      10:45 am – 12:00 pm
      Corporate Taxation: Implementing General Utilities Repeal 
      Trianon Ballroom, 3rd Floor (1.5 Professional Practice)
      Thirty years after the repeal of General Utilities, unfinished business remains, as illustrated by recent developments in spinoffs, “May” regulations, and REIT conversions. This panel will consider these and other new developments in corporate taxation.

      Chair: Lawrence M. Garrett, Ernst & Young LLP, Washington, DC
      Lauren Angelilli, Cravath, Swaine & Moore LLP, New York City
      Neil J. Barr, Davis Polk & Wardwell LLP, New York City 
      Robert H. Wellen, Associate Chief Counsel (Corporate), Internal Revenue Service, Washington, DC
      Brett York, Attorney-Advisor, U.S. Department of the Treasury, Washington, DC

      10:45 am – 12:00 pm
      Hot Topics in International Taxation 
      Rendezvous Ballroom, 3rd Floor (1.5 Professional Practice)
      This panel will address recent and expected guidance in international taxation, with potential topics including foreign tax credits in “state aid” cases, investments by CFCs in U.S. property through partnerships, foreign tax credit treatment of covered asset acquisitions, foreign exchange treatment of offshore branches, transfers of intangibles, and contributions to partnerships with related foreign partners.

      Chair: Kimberly S. Blanchard, Weil, Gotshal & Manges LLP, New York City
      Danielle E. Rolfes, International Tax Counsel, U.S. Department of the Treasury, Washington, DC
      Marjorie A. Rollinson, Associate Chief Counsel (International), Internal Revenue Service, Washington, DC
      Ansgar A. Simon, Boies, Schiller & Flexner LLP, New York City
      Andrew R. Walker, Milbank Tweed Hadley McCloy LLP, New York City

      12:30 pm
      Luncheon
      Nina E. Olson
      , National Taxpayer Advocate, Internal Revenue Service, Washington, DC

      2:15 pm – 4:00 pm 
      Prospects for Tax Reform in 2017

      Grand Ballroom, 3rd Floor (2.0 Professional Practice)
      Political realignments have created opportunities for tax reform, including corporate and individual rate reduction and  base broadening, territorial or destination-based international taxation, and expanded mark to market taxation of financial products. This panel will look at possible pathways to specific legislation in these areas.

      Chair: Eric Solomon, Ernst & Young LLP, Washington, DC 
      Mark A. Prater, 
      Deputy Staff Director & Majority Chief Tax Counsel, Senate Finance Committee, Washington, DC
      John Samuels, 
      Chairman of Global Tax, The Blackstone Group, L.P., New York City
      Alan D. Viard, 
      American Enterprise Institute, Washington, DC
      Philip R. Wagman, 
      Clifford Chance US LLP, New York City 

    • Tax Section Lunch

      Grand Ballroom & Foyer, 3rd Floor

      WOULD YOU LIKE TO PURCHASE A TABLE DURING THE LUNCHEON? COMPLETE THE TABLE RESERVATION FORM. 

      Table seats 10 / Cost is $1,100.00 per table.


  • About the Section

    Welcome!

    The Tax Section of the New York State Bar Association is pleased to welcome Section members and visitors. Among the resources available at this site is a comprehensive listing of links relevant to the Section, and the Section's Tax Reports. View the 2013 Annual Report of the Section dated January 28, 2014 here

    David Sicular
    is the 2015 Chair of the 2,697 member Tax Section.  Sicular is a partner at Paul, Weiss, Rifkind, Wharton & Garrison. He concentrates his practice in corporate, partnership and international transactions, including public and private mergers and acquisitions, investment funds, financings, restructurings, financial products and general tax planning.

    Sign up for the listserve and receive announcements of new reports by sending a blank (nothing in the message, no signature, disclaimer or confidentiality statement) email to join-taxlaw@lists.nysba.org to be added to the list. You must be a member to join. Questions or problems signing up contact Tiffany Bardwell at tbardwell@nysba.org or 518.487.5675.  

    We encourage you to get more involved with the section founded in 1949. The Executive Committee of the Tax Section is comprised of 4 Officers, at least 40 Co-Chairs of more than 20 separate tax committees, 9 At-Large Members, and 25 former Section Chairs. The Executive Committee oversees the activities of the tax committees. Any member of the Tax Section is eligible to join the tax committees. Please contact Tiffany Bardwell if you are interested or complete and mail in the Tax Section Membership and Committee Application Brochure.

    The Tax Section engages in many activities, including testifying before Congress, holding semi-annual meetings and sponsoring Ad hoc conferences. Our primary function, however, is to comment on proposed legislation and proposed regulatory guidance at the federal, state and local levels. We usually do this in the form of written reports.

    Although the Tax Section first began to prepare these reports shortly after its formation, it did not begin to number them until 1972. Since then, we have submitted over 1280 reports. To obtain a report pre-2000 please contact Tiffany Bardwell. Reports issued in 2000 to date are available on this website.

    Most of our reports comment on proposed guidance or legislation related to corporate and partnership tax, international tax, the taxation of financial instruments, debt and equity securities, employee benefits, IRS regulation of tax lawyers, and state and local tax matters.

    To maintain our high standards in the years ahead, we need you to become more involved in the Tax Section, to go beyond reading a few of our reports or attending a few of our conferences. Take the next step by joining one of our tax committees and seize the opportunity to participate in one of these working groups.

    The Tax Section hosts events to provide tax lawyers who tend to be underrepresented at the senior levels of our profession the opportunity to meet with members of the Tax Section in a relaxed atmosphere to discuss career opportunities, what life as a tax partner at a law firm is really like or just to mingle. These events "Women in the Law" and "Under 10", for attorneys who graduated from law school less than 10 years ago, also include panel presentations not only on interesting tax issues, but on topics like alternative career paths for tax lawyers or how to attain greater stature within the tax bar and best practices with clients. The section won the Section Diversity Leader Award in the 2012 NYSBA Diversity Challenge and was a  Section Diversity Champion in 2013 for these efforts. Photos of the Diversity Award and the EC Committee at work are here

    Mission Statement


    Section Bylaws

    Tax Section Reports

    Executive Committee Roster


    Master Index of NYSBA Tax Section Reports

  • Committees and Clubs

    Already a member of the NYSBA Tax Section? Join a Committee!

    Bankruptcy and Losses
    Compliance, Practice and Procedure
    Consolidated Returns
    Corporations
    Cross Border Capital Markets
    Diversity

    Employee Benefits
    Estates and Trusts
    Financial Instruments
    "Inbound" U.S. Activities of Foreign Taxpayers
    Individuals
    Investment Funds
    New York City Taxes
    New York State Taxes

    "Outbound" Foreign Activities of U.S. Taxpayers
    Partnerships
    Pass-Through Entities
    Real Property
    Reorganizations 
    Securitizations and Structured Finance
    Tax Exempt Entities

    Other Committees:
    Contact Tiffany Bardwell at tbardwell@nysba.org or 518.487.5675 for more information if you are interested in joining the following Committees:

    Cross-Border M & A
    Complexity and Administrability

    Spin Offs
    Treaties and Intergovernmental Agreements

    TAX Section Under Ten Club

    The section sponsors a “tax club” for members of the Tax Section with less than ten years of legal experience. We call it “Under 10.” The purpose of Under 10 is to bring together lawyers from various law firms, allow them to get to know each other better and offer an environment for learning more about current tax issues. In addition, we hope that attendees will become involved in the Tax Section and in reports prepared by the Section. We anticipate that Under 10 will meet quarterly on specific topics. If you are interested in joining the Under 10 club please contact Tiffany Bardwell at tbardwell@nysba.org or 518.487.5675.

     The Section has formalized its “Under 10” tax club for members of the Tax Section who graduated from law school less than 10 years ago. With organizational and financial support of the Tax Section, the club operates independently from the Tax Section through its own officers and meets four times per year.  The goal of the club is to serve as a source of professional development and networking for mid-level and senior associates.

    See Under 10 bylaws here.