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STEP Mid Atlantic Webinar: Kat Gregor will be a featured webinar panelist on “What Private Wealth Planners Need to Know About the EU’s Mandatory Disclosure Directive DAC 6.” This panel provided an overview of the elements of DAC 6, provided a comparison to existing US mandatory disclosure rules, explained when foreign tax planning may implicate US criminal conduct, and, through hypotheticals, offered suggestions as to how to navigate the DAC 6 requirements.

ABA Tax Section 2019 Midyear Tax Meeting: Kat Gregor was a featured panelist on “I’m a US Lawyer, What’s the EU Got To Do With Me? – Navigating Ethics in Global Practice.” This panel explored various international initiatives that have implemented increased tax transparency measures and have potential ethical impact on U.S. tax professionals, including lawyers.

In a recent Law360 article, tax partner and tax controversy group co-founder Kat Gregor, tax controversy counsel Elizabeth Smith and litigation associate Liz Tolon explore the tax privilege nuances associated with attorney-client privilege and other relevant analogs that exist to protect client confidentiality. Their article discusses applicable privileges in the tax context, as well as two key exceptions: waiver and the crime-fraud exception. It also examines three recent cases that highlight the practical implications of these exceptions.

To read the full article, please click here.

On December 21, 2018, IRS and Treasury issued final regulations implementing the partnership audit regime (T.D. 9844). The final regulations largely adopt, with some changes, the proposed regulations issued in August 2018. By issuing almost 200 pages of preamble, the final regulations provide extensive discussion of which comments were incorporated and why others were not.  Likely, IRS is thinking ahead to litigation over the validity of the regulations by issuing such broad discussions of the comment process.  The most significant changes to the proposed regulations are changes to the definition of partnership-related items and changes allowing administrative adjustment of partnership-related items.

To read the full article, please click here.

In a recent Law360 article, Kat Gregor commented on the IRS’s final guidance on partnership audit rules. This new guidance finalizes a subset of the IRS rules implementing the audit regime passed in the 2015 Bipartisan Budget Act. A key aspect of the final rules is the definition of “partnership related items,” which looks to historic rules to define the scope of the new regime. While some may argue that the ambiguity of the TEFRA rules has crept into the new partnership audit regulations, Kat noted that “TEFRA had a ‘robust body of case law’ behind it that could help resolve future disputes around what a partnership- related item is.”

To read the full Law360 article, please click here.

During the January 2019 ABA Tax Section 2019 Midyear Tax Meeting, Kat Gregor, tax partner and co-founder of the tax controversy group, discussed the new EU mandatory disclosure rules (known as DAC6 related to aggressive tax positions) and the ethical obligations of U.S. attorneys to adhere to these rules. Kat noted that “the EU rules are, on the one hand, trying to be more precise as to what they’re interested in catching, rather than in the U.S., where they say any transaction over a certain dollar value has to get reported. But on the flip side, it’s going to be really difficult for people to make the judgment call on whether or not something falls in.”

To read the full article with more insights from Kat, please click here.

August 2018 brought two major developments in the Department of Treasury’s race to finalize its partnership audit reform regulations before partnerships begin in early 2019 filing tax returns for the first time under the new regime. First, on August 7, the Department of Treasury (“Treasury”) issued final regulations for partnership representatives. Second, on August 13, Treasury issued new proposed regulations implementing the centralized partnership audit regime, consolidating, amending, and releasing its prior regulations issued in 2017 and early 2018. Our prior coverage of these initial regulations can be found here and here. Both sets of regulations issued in August include certain substantive changes due to comments received by the IRS.

To read the full article, click here.

In a recent Tax Notes article, the author addresses a recent IBA conference panel focused on OECD’s implementation of the base erosion and profit-shifting (BEPS) program. Kat Gregor, who was a speaker on this panel, provides commentary on BEPS’ penalty fallout. Kat provides insight on the positive and negative implications of the program and notes how practitioners should address their tax planning needs, both in the EU and the US.

To read the full article, please click here.