Tax Quarry

Glenn Carrington’s name is synonymous with mentoring, selflessness, and generosity.  No, he is not a saint (at least not that we know of) or church minister, but for many aspiring African-American US tax professionals he is close to it.

Glenn’s official title at Ernst & Young LLP is National Tax Director for Client Services.  In this capacity, he also serves on the U.S. Executive Board of Ernst & Young and acts as a consultant to many major companies, focusing on M&A, financial products and tax accounting.  

After a combined 31 years in government and private practice, Glenn has earned his stripes at E&Y by ensuring that he delivers excellent client service and strategic planning advice at the front end of each deal or transaction he works on.   He has earned the respect of his peers and clients, and with that the title of lead engagement partner for several  fortune 200 companies with all major decisions flowing through him. 

In addition to his day-to-day commitments at the office, Glenn also takes his knowledge and know-how to the streets making presentations at various government offices and conferences.   He also regularly lectures at Tax Executive Institute Conferences across the country, the Practising Law Institute’s (PLI) Tax Strategies For Corporate Acquisitions, Dispositions, Spin-offs, Joint Ventures, Financings and Reorganizations, NYU’s Tax Institute on Federal Taxation and at the University of Virginia.

What advice would you give to a law student or junior lawyer who wants to pursue a career in tax practice?

The best building block for a career in tax practice is working in a government office such as the IRS or the Treasury Department.  The IRS administers the tax system.  Working with the IRS allows you to understand how various government offices work together to ensure the efficient administration of the Internal Revenue Code.    This experience is invaluable when you enter into private practice.       

I would also suggest getting as broad of an experience as possible.  On average it takes about five years to learn tax rules governing reorganizations and three years to learn and master tax rules governing other areas.  As a young lawyer your focus should be on familiarizing yourself with the Code, regulations and rulings.  The corporate tax rules are very complicated and can easily trip you up if you aren’t familiar with what issues to look out for.   You should have a burning desire to get the right answer. 

What is the most interesting part of your job?

I enjoy mentoring and helping others.  In my role as a mentor, I always ask myself how I can help someone work better or think more deeply about an issue?  My goal is the help people to be better at what they do.  This includes individual tax professionals as well my clients.

What recent event has had the most impact on your practice? 

The recession in 2008.  It changed the way companies do business.  Many companies had to make cutbacks.  My job as a consultant/advisor was to be creative in finding ways to enable these companies to continue and grow their business in spite of the bleak economic environment. Things are improving, slowly, but the spotlight is definitely on being more efficient with the use of time and resources.  You have to be able to convince a client, in many cases, that the reward is more significant than the cost. 

What book are you reading now?

I actually don’t have much time to read right now because I am in the final stages of updating the 2011 edition of my book entitled “Tax Accounting in Mergers and Acquisitions”.  

It typically takes two to three months to complete.  A lot of work goes into it.  The first edition was published in 2006 and was a significant turning point in my life.  I dedicated it to my mother who passed away a year earlier.  The 2012 edition should be available very early in the new year.

Describe yourself in three words or less?

 Honest. Loyal. Hardworking.

Describe your perfect vacation?

Being with family.  Playing a lot of golf.  Definitely on the water: boating and swimming.

If you knew you would be stranded on a desert island tomorrow, what one thing would you bring with you? 

Someone I love. 

If you could have dinner with one person in history who is no longer living, who would it be?

Either Justice Thurgood Marshall or Martin Luther King Jr.  They were impactful and genuinely cared for others and were not solely focused on themself.  This is the way I try to live my life.  My moto is:  It’s not about me.

What is your favorite DC restaurant?

The Bombay Club.  They serve Indian cuisine. 

Have a merger or acquisition question? Want to ask Glenn about a tax accounting issue?  

You can email Glenn at [email protected] or give him a call at (202) 327-6268. 

Written by Marsha Henry

The table below, produced by the IRS, represents the top 15 countries in 2009 for foreign person’s receiving US source income that is subject to withholding taxes. 

September 15, 2011

WASHINGTON — The Internal Revenue Service continues to make strong progress in combating international tax evasion, with new details announced showing the recently completed offshore program pushed the total number of voluntary disclosures up to 30,000 since 2009. In all, 12,000 new applications came in from the 2011 offshore program that closed last week.

The IRS also announced today it has collected $2.2 billion so far from people who participated in the 2009 program, reflecting closures of about 80 percent of the cases from the initial offshore program. On top of that, the IRS has collected an additional $500 million in taxes and interest as down payments for the 2011 program — a figure that will increase because it doesn’t yet include penalties.

“By any measure, we are in the middle of an unprecedented period for our global international tax enforcement efforts,” said IRS Commissioner Doug Shulman. “We have pierced international bank secrecy laws, and we are making a serious dent in offshore tax evasion.”

Global tax enforcement is a top priority at the IRS, and Shulman noted progress on multiple fronts, including ground-breaking international tax agreements and increased cooperation with other governments. In addition, the IRS and Justice Department have increased efforts involving criminal investigation of international tax evasion.

The combination of efforts helped support the 2011 Offshore Voluntary Disclosure Initiative (OVDI), which ended on Sept. 9. The 2011 effort followed the strong response to the 2009 Offshore Voluntary Disclosure Program (OVDP) that ended on Oct. 15, 2009. The programs gave U.S.taxpayers with undisclosed assets or income offshore a second chance to get compliant with the U.S. tax system, pay their fair share and avoid potential criminal charges.

The 2009 program led to about 15,000 voluntary disclosures and another 3,000 applicants who came in after the deadline, but were allowed to participate in the 2011 initiative. Beyond that, the 2011 program has generated an additional 12,000 voluntary disclosures, with some additional applications still being counted. All together from these efforts, taxpayers came forward and made 30,000 voluntary disclosures.

“My goal all along was to get people back into the U.S. tax system,” Shulman said. “Not only are we bringing people back into the U.S. tax system, we are bringing revenue into the U.S. Treasury and turning the tide against offshore tax evasion.”

In new figures announced today from the 2009 offshore program, the IRS has $2.2 billion in hand from taxes, interest and penalties representing about 80 percent of the 2009 cases that have closed. These cases come from every corner of the world, with bank accounts covering 140 countries.

The IRS is starting to work through the 2011 applications. The $500 million in payments so far from the 2011 program brings the total collected through the offshore programs to $2.7 billion.

“This dollar figure will grow in the months ahead,” Shulman said. “But just as importantly, we have changed the risk calculus. Americans now understand that if they try to hide assets overseas, the chances of being caught continue to increase.”

The financial impact can be seen in a variety of other areas beyond the 2009 and 2011 programs.

Criminal prosecutions. People hiding assets offshore have received jail sentences running for months or years, and they have been ordered to pay hundreds of thousands and even millions of dollars.

UBS. UBS AG, Switzerland's largest bank, agreed in 2009 to pay $780 million in fines, penalties, interest and restitution as part of a deferred prosecution agreement with the U.S. government.

The two disclosure programs provided the IRS with a wealth of information on various banks and advisors assisting people with offshore tax evasion, and the IRS will use this information to continue its international enforcement efforts.

The New York State Bar and Ontario Bar Associations are partnering to present a summit on international/cross-border advisory issues.  The summit is called, “1 Legal System + 2 Jurisdictions = Infinite Opportunity”.  Catchy, right? 

They are hoping that practicing lawyers will jump on the opportunity to be a part of this inaugural event. 

The summit is scheduled to take place in Toronto and Buffalo from March 28-29, 2012.  But right now, the associations are looking for attorneys from both sides of the border to participate on the various panels.

There will be three tracks for the panels:  corporate/transactional issues; litigation and dispute resolution; and general practice topics.  A tax topic can fit into any one of these areas.  The summit will be CLE and CPD accredited for New York and Ontario lawyers, respectively. 

The Summit is currently seeking proposals for panels at this exciting event.

Ideally the panels will consist of equal numbers of New York and Ontario lawyers.  Each panel must have one New York and one Ontario lawyer as co-chairs or moderators.  Each panel will be allotted one hour and 15 minutes.

For more information on the summit and proposal requirements, click here.

TaxQuarry would like to submit a proposal for a panel.  If you are interested in either co-chairing a panel or becoming a speaker on one of the panels, please contact us at: [email protected]. 

Proposals must be submitted no later than Friday, October 14, 2011.

Last year, Tax Diversity conducted a comparative analysis of the status of women in the tax profession.  They looked at data from 2002 and 2009 to determine whether there were any noticeable gender trends in staffing in the accounting/tax industry. 

What they found was the following:

• A leveling off in the percentage of females entering the profession (33% in 2002 and 35% in 2009);
• A significant population of females are attracted to sectors that offer them the greatest opportunity of having an acceptable work/life balance;
• The profession has made great strides in bringing more females into mid-management with an increase of 15% over the past 7 years and senior-executive positions showing an increase of just under 19% over the past 7 years;
• The greatest advances made by females was evident in mid-management roles at in-house Corporate Tax Departments with an increase of 26% over the past 7 years as opposed to Professional Services which showed an increase of 9% over the past 7 years

With so many more females entering the tax profession and with more available options, women have more choices for the types of roles they can play.  The New York Bar Association has recognized this trend and has decided to provide assistance to female tax professionals planning out their careers.           

On September 22, 2011, the Executive Committee of the New York State Bar Association Tax Section will be presenting a panel discussion and networking breakfast for women tax lawyers in New York City.

The purpose of the panel discussion is to provide a forum for women lawyers who have worked in federal and state government, private practice, academia, and in-house, to share their experiences in travelling their various career paths in tax.   They will also discuss the value of government service, and the importance of mentors and networking.

Panelists include:           

Deborah Paul, Moderator (Partner, Wachtell, Lipton, Rosen & Katz)

Maria Jones (Partner, Kramer Levin Naftalis & Frankel LLP)

Annaliese Kambour (Senior VP Tax, Time Warner Inc.)

Karen Gilbreath Sowell (National Tax Partner, Ernst & Young)

The program begins at 8:00 a.m.  and ends at 9:30 a.m.  The panel discussion will begin promptly at 8:45 a.m. at Simpson Thacher & Bartlett LLP located at 425 Lexington Avenue (between 43rd and 44th Streets), New York, NY 10017.

Please RSVP to Nicole A. Bowen ([email protected]) by Friday, September 16th.

Hope to see you there!

Click here to review the Tax Diversity Study entitled "Women in Tax 2010: A Gender Trend Analysis".  

 Sandy, wearing an orange shirt and blue jacket, is beaming while surrounded by her family.

Sandy Thomas did not start her legal career expecting to be at the forefront of enforcing her country’s tax laws.  In fact, when Sandy graduated from New Jersey’s Rutgers University School of Law in 1986 and started drafting claims for class action lawsuits as a law clerk at Hangley Connolly Epstein Chicco Foxmann and Ewing in Pennsylvania, a career in tax was the furthest thing from her mind.  Even when she went on to become Assistant Counsel to New Jersey Governor Thomas Kean, she was not fully committed to a life in tax.  It wasn’t until her mentor, a big firm lawyer, suggested that she consider a career with the Crown Attorney’s office that she began to slowly move in this direction. 

Sandy began working as Counsel in the Department of Justice Canada, Criminal Prosecutions Section in 1994 primarily prosecuting offences under the Criminal Code and the Controlled Drugs and Substances Act, as well as occasional matters arising under the Canadian Income Tax Act.  Now, as Counsel with Public Prosecutions Service of Canada since 2005 (previously a division of the Department of Justice), ninety-five percent of her practice consists of what is called “Revenue Prosecutions”.  This includes offences arising under the Income Tax, Excise Tax and Customs Acts.  These cases, typically, are fairly complex and lengthy.

Along with her responsibilities as Counsel on the Revenue Prosecutions Team, Sandy also acts as an Alternate Crown for Drug Treatment Court.

What do you enjoy most about your job?

I enjoy this work because it is like a puzzle.  You have to do a lot of detective work to pull everything together.  It’s very rewarding for me to put together cases involving circumstantial evidence.  You have to really use your brain.

What would you be doing if you did not become a lawyer?

A Musician.  I both sing and play the piano.  A lot of people don’t know this about me, but I have an undergraduate degree in music.  I had every intention of working in the music business when I started the program, but realized quickly that many of the most talented people don’t earn a decent living being an entertainer.  However, I did carry this passion for the industry with me into law school. 

While in law school I sang jazz and show tunes with a Cabaret group called Le Noir Cabaret, based in Philadelphia, PA.  I planned on becoming an entertainment lawyer.  This didn’t happen, but I continue to perform occasionally. 

I actually have a performance coming on September 13, 2011.  I will be singing as part of a choir comprised of judges and lawyers at the Special Divine Interfaith Service held at the Church of Holy Trinity in downtown Toronto.  I'm really looking forward to it. 

Where do you see yourself professionally five years from now?

Hopefully, in a role where I can continue to be involved in public service.  Definitely, doing something where I am able to help people-as ideal as that may sound.

What advice would you give to a young lawyer or law student interested in working in tax?

From the perspective of a public prosecutor/litigator, I would let them know that they don’t need an extensive background in tax to work in this area. When I started at the Department of Justice I mainly prosecuted drug offences.  What is important is that you are a thorough, well-prepared litigator.  The investigators and other experts can assist you in understanding the technical aspects of each case.   

If you could have dinner with one person in history (no longer living), who would it be?

It’s hard to choose.  There are at least three people I would want on that list:  My father, the Honorable Julius Isaac and Michael Jackson.

My father because he was my hero.  I miss his counsel, wisdom and sense of humor.  The Honorable Justice Isaac because he was an incredible inspiration, role model and mentor to me as well as to other young minority lawyers in the court.  Michael Jackson, because he was a musical genius, a good person, a fabulous composer, dancer and a humanitarian.  Shall I go on? He was just incredible.

Describe your ideal vacation?

Lying on the beach in Tobago.  Reading and relaxing.   Taking in the scenery.  Looking at boats in the water.  All day.  Every day for at least a couple weeks. 

What book(s) are you reading now?

I just finished reading Midnight by Sister Souljah.  It’s a very good book.  It's written from the perspective of a Sudanese immigrant living in Brooklyn. 

The Help is next on my list.  I plan to see the movie when I am finished reading the book.

Written by Marsha Henry

On September 8, 2011 at the US Senate Committee on Finance, Senator Chairman Max Baucus introduced the hearing with a significant quote from Roman poet Ovid.  He stated:  “A horse never runs so fast as when it has other horses to catch up to and outpace”.   This is an apt description of the competitive global environment the US government and US companies must operate.    

The Senator went on to discuss the role US tax rules play in helping the US maintain its competitive advantage. 

Right now, we are confronting a massive debt problem due, in part, to the 2008 financial crisis. As we work to emerge from that crisis, we must understand how our tax code affects international business and investment.

We must make sure our tax code does not encourage American businesses to relocate jobs overseas, and at the same time, the tax code must not put U.S. businesses at a disadvantage in foreign markets.

Senator Orrin Hatch also addressed the role of tax reform in the changing landscape of international tax.  He said, ”working our way through the thicket of the international tax systems is a critical step on the road toward comprehensive tax reform.   Senator Hatch also addressed the outdated tax rules that govern US tax planning and how it interacts with the rules of other nations. 

Yet despite the changes that have taken place in the United States and around the world since the 1920s, the basics of our international tax system have pretty much remained the same for over 80 years.

 One particular international tax issue that Senator Hatch raised as hindering progress for US multinational companies is the way repatriation of profits works.   

… many U.S. multinational corporations earn money overseas, and typically want to bring that money back home to the United States. However, our international tax system discourages, and some would say penalizes, U.S. multinational corporations from repatriating foreign earnings by imposing a 35 percent residual U.S. tax at the time of repatriation.

As a result, several high-profile U.S. multinational corporations are sitting on large piles of cash earned from foreign operations. Yet these same corporations are actually borrowing money. One of the reasons for this borrowing is that their cash is trapped offshore, and these corporations will be subject to a 35 percent U.S. tax for repatriating their cash back to the United States

Witnesses at the hearing presented various approaches to resolve the problems arising from the outdated tax rules governing international relations.

Click here to watch the hearing and review the transcripts of each witnesses testimony.

The Financial Accounting Standards Board’s (FASB) defined mission is to “establish and improve standards of financial accounting and reporting.”  This statement implicitly suggests that there are inefficiencies and problems in the current standards or, maybe more accurately, in the way the standards are applied.  This, unfortunately, is the case for any law, regulation or policy intended to govern a large group of people in a democratic society.  Everyone will apply the rule according to how they see fit, or according to how it benefits their needs. 

For this reason, FASB has had to implement very specific, lengthy rules to govern the appropriate way to account for Income Taxes.  The idea is to make sure that everyone, or most everyone, is on the same page and does things as uniformly as possible.

According to the FASB statement on FAS 109, it establishes:

financial accounting and reporting standards for the effects of income taxes that result from an enterprise's activities during the current and preceding years. It requires an asset and liability approach for financial accounting and reporting for income taxes.

The objective of this rule is assist accounting professionals in applying consistent standards for (a) recognizing the amount of taxes payable or refundable for the current year, and (b) identifying deferred tax liabilities and assets for the future tax consequences of events that have been recognized in an enterprises financial statements. 

The FAS 109 statement provides the following basic principles that must be applied in accounting for income taxes at the date of the financial statements:

a.            A current tax liability or asset is recognized for the estimated taxes payable or refundable on tax returns for the current year.

b.            A deferred tax liability or asset is recognized for the estimated future tax effects attributable to temporary differences and carry forwards.

c.            The measurement of current and deferred tax liabilities and assets is based on provisions of the enacted tax law; the effects of future changes in tax laws or rates are not anticipated.

d.            The measurement of deferred tax assets is reduced, if necessary, by the amount of any tax benefits that, based on available evidence, are not expected to be realized.

For more detailed information about this standard and how it applies, visit the fasb.org or click here for a copy of the FASB Statement of Financial Accounting Standards No. 109.

Vanessa A. Scott is Counsel at Sutherland Asbill & Brennan LLP, a law firm that proudly boasts about its expertise in providing legal advice with a “global reach”. 

About five years ago, after taking a hiatus from the practice of law, Vanessa accepted a position at Sutherland in their tax group.  Armed with an LL.M earned from the prestigious Georgetown University Law Center in 2006, she quickly transitioned into an position at the firm providing advice to large, multinational employers seeking assistance with structuring employee benefit plans and executive compensation arrangements, as well as compliance issues arising under ERISA.  

Much of Vanessa’s time is spent talking on the phone with clients to obtain sufficient background information to produce thorough oral advice or a written advisory opinion that addresses complex tax and business issues.  This includes advising clients involved in mergers and acquisitions about how to manage benefit plans after a deal.

What is the most challenging part of your job?

Keeping up to date with changes in the law.  Employee benefits advisory is a very broad area of practice.  An attorney working in this area must be current on federal and state tax laws, fiduciary laws, ERISA, and many others.  This can be very time consuming so to be successful you must be creative about how you receive your updates.  Although I read a lot of material from sources such as Tax Notes and Tax Analyst, being in Washington is helpful.  Here you can develop a network people working in the agencies directly involved with drafting the laws.  You can learn a lot over a cup of coffee. 

What recent event has had the most impact on your practice?

Definitely the Affordable Care Act, which is expected to reform the current way health care is delivered in the United States.  Right now, a lot of my practice is spent advising employers about how to comply with provisions in the legislation that have already come into effect.   We also work with employers to develop a plan to help them with complying with parts of the Act that will not become effective until 2014.   This includes keeping them abreast of the status of lawsuits challenging the Act.

What advice would you give to a young law student who is interested in pursuing a career in tax? 

The big growth areas for tax practice are in advising clients on ERISA and international tax matters.  The global economy continues to grow.  There are tremendous opportunities in these areas because not a lot of people commit to becoming experts on these issues.  Also, not a lot of attorneys have knowledge of how these two practices areas are connected.  That would be a very valuable skill set to develop.

Where do you see yourself five years from now?

I would like to be well versed in international tax aspects of ERISA and use this knowledge to develop an even more sophisticated practice representing a broader array of employers.  This would mean that I would be advising more on benefits offered to expats and in-pats, as well as providing multinational employers comprehensive advice on employee benefits structures that can be applied to their global operations. 

How do you spend your free time?

Believe it or not, my weekends are completely consumed by football.  Mostly little league games where I watch my eight-year old son play and my husband coach.  My house is a football house.  I think my five-year old daughter may actually be the number one draft pick for the NFL quarterback position for her generation (smile).

What is your favorite restaurant in Washington, D.C.?

Rasika.  They serve the best Indian food.  It took some time, but my husband recently discovered he enjoys Indian food as much as I do.  We like to go to Rasika when we can get reservations.   It’s a real popular spot.  If you are ever in DC, you should try it out.  Their website is: http://www.rasikarestaurant.com/

Describe your ideal vacation?

Two weeks.  Napa valley.  Half day wine tasting.  Second half of the day hanging out with the kids.  As long as my Blackberry and iPhone are close by, this is paradise. 

Want to Talk to Vanessa?  

For any tax, employee benefits, workers compensation or general questions, you can email Vanessa at [email protected] or give her a ring at (202) 383-0215. 

 Written by Marsha Henry

Reality TV seems to be overtaking the world.  We all love to take a sneak peak into what's going on in other people's lives.  We also like to see people take on ridiculous challenges like eating bugs, or drinking toxic liquids, or jumping on bean bags elevated over dirty, muddy water before they are whacked off their safety ledge.  

Well, the ABA Law Student Tax Challenge may not be as exciting or gross, but it may make for some good reality tv in the future, right? Think about it: 20 teams of highly articulate law students battling it out with the tax code in hand.  On second thought, maybe this challenge is more appropriate as a line item on your resume.  

The ABA Law Student Tax Challenge may not be reality tv worthy, but it is definitely a great experience and a great career move.  You should consider taking on the challenge.   

Alternative to traditional moot court competitions, the Law Student Tax Challenge asks two-person teams of students to solve a cutting-edge and complex business problem that might arise in everyday tax practice.  

Teams are initially evaluated on two criteria:  a memorandum to a senior partner and a letter to the client explaining the result.  Based on this written work product, six teams from the J.D. Division and four teams from the LL.M. Division will receive a free trip (including airfare and accommodations for two nights) to the Section's 2012 Midyear Meeting from February 16-18 in San Diego, CA, where they will defend their submissions before a panel of some of the country's top tax practitioners. 

The competition is a great way for law students to showcase their knowledge in a real-world setting and to gain valuable exposure to the tax law community.  On average, more than 50 teams compete in the J.D. Division and more than 30 teams compete in the LL.M. Division.  

For more information, click here or visit the ABA Tax Section webpage at www.americanbar.org/tax or contact the Tax Section at [email protected] or 202-662-8670. 

Important Dates: 

Problem Release Date:    September 2, 2011

Submission Deadline:       Friday, November, 18, 2011 (5:00PM EST)

Notification of Finalists:   Monday, December 19, 2011

Semi-Final Oral Defense Rounds:    Friday, February 17, 2012 in San Diego, CA

Past oral-round judges have included:

Alexander, William Associate Chief Counsel, IRS

Butler, Deborah, Associate Chief Counsel, IRS

Carluzzo, Lewis R., Special Trial Judge, U.S. Tax Court

Caudill, William H., Partner, Fulbright & Jaworski, LLP

Cohen, Adam H., Partner, Holland & Hart, LLP

Colvin, John O., Chief Judge, U.S. Tax Court

Egerton, Charles, Partner, Dean Mead

Franklin, Elke, IRS

Hochman, Nathan, Partner, Bingham McCutchen

Jacobs, Kevin, Associate, Ropes & Gray, LLP

Lipton, Richard, Partner, Baker & McKenzie, LLP

Marvel, L. Paige, Judge, U.S. Tax Court

McKenzie, Robert E., Partner, Arnstein & Lehr

Thomas, Thomas R., Judge, Office Counsel, IRS

Wherry, Robert A. Jr., Judge, U.S. Tax Court

Wilkins, William, Chief Counsel, IRS