Tax Update NEW YORK • NOVEMBER 11, 2015 Speaker Biographies Sco P. DeMarno Partner, Blank Rome LLP 202.772.5997 [email protected]Sco DeMarno concentrates his pracce on real estate and renewable investments that yield economic, cultural, and sustainable community benefits to investment partners. To this end, Mr. DeMarno teams with lenders, investors, developers, and nonprofit sponsors to advise on how best to ulize historic rehabilitaon tax credits and new markets tax credits, as well as renewable energy tax credits, as sources of financing. These investment tools bring much needed capital to construct and rehabilitate health care centers, charter schools, and residenal rental and commercial facilies, as well as historical arts and community spaces and renewable energy facilies, many in historic or underserved communies. Mr. DeMarno is the co-author of Tax Credits: Historic Boardwalk Guidance, Recommended Pracces, published in Tax Notes, March 23, 2015, discussing recommended pracces post issuance of Revenue Procedure 2014-12, 2014-3 IRB 415. William Finestone Partner, Blank Rome LLP 424.239.3868 [email protected]William Finestone concentrates his pracce in the area of trusts and estates, with parcular emphasis on estate and tax planning and estate and trust administraon. Mr. Finestone has over forty years of experience in the preparaon of wills, revocable and irrevocable private trusts, charitable trusts, durable powers of aorney for financial and healthcare maers, and business succession planning. He advises his clients on estate and trust administraon maers involving probate and non-probate procedures as well as the resoluon of disputes involving wills and trusts. He is skilled in Probate Court and private fiduciary current and final accounngs, including the representaon of fidu- ciaries and beneficiaries in connecon therewith. He advises clients on tax planning maers, including United States,
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Tax Update N E W YO R K • N O V E M B E R 11, 2015
Speaker Biographies
Scott P. DeMartino Partner, Blank Rome LLP 202.772.5997 [email protected]
Scott DeMartino concentrates his practice on real estate and renewable investments that yield economic, cultural, and sustainable community benefits to investment partners. To this end, Mr. DeMartino teams with lenders, investors, developers, and nonprofit sponsors to advise on how best to utilize historic rehabilitation tax credits and new markets tax credits, as well as renewable energy tax credits, as sources of financing.
These investment tools bring much needed capital to construct and rehabilitate health care centers, charter schools, and residential rental and commercial facilities, as well as historical arts and community spaces and renewable energy facilities, many in historic or underserved communities.
Mr. DeMartino is the co-author of Tax Credits: Historic Boardwalk Guidance, Recommended Practices, published in Tax Notes, March 23, 2015, discussing recommended practices post issuance of Revenue Procedure 2014-12, 2014-3 IRB 415.
William Finestone Partner, Blank Rome LLP 424.239.3868 [email protected]
William Finestone concentrates his practice in the area of trusts and estates, with particular emphasis on estate and tax planning and estate and trust administration.
Mr. Finestone has over forty years of experience in the preparation of wills, revocable and irrevocable private trusts, charitable trusts, durable powers of attorney for financial and healthcare matters, and business succession planning. He advises his clients on estate and trust administration matters involving probate and non-probate procedures as well as the resolution of disputes involving wills and trusts.
He is skilled in Probate Court and private fiduciary current and final accountings, including the representation of fidu-ciaries and beneficiaries in connection therewith. He advises clients on tax planning matters, including United States,
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California, and international transfer tax planning; corporate, partnership, and individual income tax planning; and property taxation. Additionally, he is well-versed in charitable tax planning, including the formation and representation of tax-exempt organizations and tax planning for charitable gifts.
Mr. Finestone is a California State Bar Certified Specialist in Estate Planning, Trust and Probate Law, and a Los Angeles Superior Court Alternative Dispute Resolution Neutral. He is a Fellow of the American College of Trust and Estate Counsel (“ACTEC”), a member of its Charitable Tax Planning and Exempt Organizations Committee, and a director of the ACTEC Foundation.
Mr. Finestone is a frequent lecturer at continuing education and other programs, including the American and California State Bar Associations, ACTEC, the USC Tax Institute, the UCLA/CEB Estate Planning Institute, Partnership for Philanthropic Planning (National Committee on Planned Giving), Western Regional Planned Giving Conference, Western Conference on Tax Exempt Organizations, AFP, several Planned Giving Roundtables in California and else-where, and corporate meetings.
He has authored articles on matters regarding estate tax, life insurance, trusts, and charitable gifts and pledges, to name a few, in leading industry newsletters and journals.
Since 1990, he has been an instructor for accounting and tax seminars at the California State University Los Angeles, College of Extended Studies and International Programs. He was also an instructor on Tax Aspects of Real Estate Investments, UCLA Extension, from 1977-1997.
Gayle Forst Of Counsel, Blank Rome LLP 212.885.5396 [email protected]
Gayle Forst concentrates her broad-based tax practice on representing nonprofit and for-profit clients in IRS audits, U.S. Tax Court litigation, state attorney general investigations, and business transactions.
Her transactional experience includes structuring and negotiating stock purchase and asset acquisitions, shareholder agreements, real estate transactions, stock redemptions, public offerings, and private placements. She has experience with domestic and international tax issues, including tax treaty matters.
Ms. Forst has also represented nonprofit clients on a wide array of issues ranging from U.B.I.T to Chapter 42 excise taxes and joint ventures between for-profit and nonprofit entities. She has prepared IRS protests and technical advice requests, as well as state and local tax authority ruling requests. She was involved in all stages of the formation of a prominent nonprofit organization, from oversight of the tax exemption application process through ongoing counsel-ing, including the formation of subsidiary entities.
Ms. Forst played an indispensable role in the research and drafting of a significant number of chapters for Joint Ventures Involving Tax Exempt Organizations, authored by Blank Rome Tax Partner Michael I. Sanders (John Wiley and Sons, Inc., 2nd Ed. 2000, 4th Ed. 2013), where she served as the editor for the second edition and played a critical role in the drafting of the fourth edition, as well as several annual supplements to the book.
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Joseph T. Gulant Partner, Blank Rome LLP New York: 212.885.5304; Philadelphia: 215.569.5648 [email protected]
Joseph Gulant has considerable experience in domestic and international taxation issues. He counsels public and private corporations, partnerships, funds, real estate and maritime-related companies, tax-exempt organizations, and individuals in all aspects of United States and international tax law, including:
�� mergers and acquisitions �� bankruptcy reorganizations, workouts, and restructurings �� executive compensation planning �� international tax matters including outbound stock transfers, tax havens, and treaty shopping issues �� formation, operation and acquisition of Subchapter S Corporations �� structured finance offerings such as mortgage backed bonds, credit card securitizations, conduit arrangements,
and owner trust financings �� domestic and international leveraged leasing transactions �� New Markets Tax Credit (NMTC) transactions
He also has extensive experience with tax controversies, including criminal tax investigations and prosecutions, civil audits, appeals, and collections matters.
Mr. Gulant is a contributor to Blank Rome’s Tax Controversy Watch blog (www.taxcontroversywatch.com) which focuses on addressing and providing a comprehensive review of the latest developments in the tax controversy field. Additionally, he publishes and lectures frequently on many varied taxation matters.
Mr. Gulant has been recognized by Chambers USA as a leading attorney in the area of tax. He has received the highest possible rating from Martindale-Hubbell.
Cory G. Jacobs Partner and Chair, Tax, Benefits, and Private Client Practice Group, Blank Rome LLP 215.569.5481 [email protected]
Cory Jacobs concentrates his practice in the area of business tax law and general corporate law. Mr. Jacobs advises a broad array of taxpayers in the following areas:
�� domestic and international tax matters �� tax-efficient structuring of domestic and international mergers, acquisitions, divestitures, reorganizations, spin-offs, redemptions and liquidations �� use of partnerships, S corporations and limited liability companies �� issuances of equity-based compensation
Mr. Jacobs also is an adjunct professor of law at Rutgers Camden Law School where he teaches corporate tax and part-nership tax. He has also taught business enterprises at Rutgers and Tax-Free Reorganizations at Villanova University School of Law. His tax practice is enhanced by his CPA experiences in which he worked as a senior tax consultant in Deloitte & Touche’s international and domestic tax practices and as a senior staff accountant for Lapensohn & Associates.
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John S. Kiely Associate, Blank Rome LLP 212.885.5240 [email protected]
John Kiely concentrates his practice in trust and estate planning, administration, and litigation. He advises clients on matters, including:
�� preparation of wills, revocable living trusts, life insurance trusts, and other types of irrevocable trusts�� gifting strategies�� estate administration�� estate litigation regarding claims of undue influence or lack of capacity�� will reformations�� gift tax reporting obligations�� tax planning related to expatriation
While in law school, Mr. Kiely served as a legal extern to the Honorable Anita Florio of the Appellate Division, Second Judicial Department of New York.
Barry L. Klein Partner, Blank Rome LLP 215.569.5403 [email protected]
Barry Klein chairs Blank Rome’s Employee Benefits and Executive Compensation practice. He advises employers, including sole-proprietorships, partnerships, multinational companies, major hospital centers and universities with respect to their employee benefits and executive compensation arrangements, including:
�� advising employers with respect to the employee benefits aspects of mergers and acquisitions; �� drafting qualified and non-qualified retirement plans (including 401(k) plans and ESOPs) and stock option plans; �� advising employers with respect to administrative procedures and investment policy statements; and �� representing employers in connection with IRS audits and Department of Labor proceedings.
Mr. Klein has significant experience advising financial services clients with respect to their obligations under ERISA. He counsels these clients on the fiduciary responsibility that arises when they manage ERISA plan assets, as well as opportunities for avoiding ERISA coverage. He has helped clients set up funds that comply with ERISA’s venture capital operating company and real estate operating company exemptions, and has helped clients set up hedge funds that are subject to or exempt from ERISA.
Mr. Klein’s career has provided him with a unique perspective on employee benefits and the employee benefits indus-try. He began his career at the National Office of the Internal Revenue Service in Washington, D.C. and he was in-house employee benefits counsel at the Prudential Insurance Company of America and then at The Vanguard Group, Inc. Prudential and Vanguard are among the nation’s largest managers of retirement plan assets. Mr. Klein advised these companies with respect to the full range of services and products that they provide to employee benefit plans and was instrumental in the design and marketing of new products.
Mr. Klein is recognized by Chambers USA as a leader in employee benefits and compensation law. Chambers notes he is “esteemed for his ‘strong business sense and level-headed approach” and calls him an “’extremely knowledgeable’ employee benefits attorney, especially in the area of executive compensation.”
David M. Kuchinos Partner, Blank Rome LLP 215.569.5729 [email protected]
David Kuchinos concentrates his practice in the area of state and local tax planning and federal, state and local tax controversies. He counsels clients in the following areas:
�� state and local tax planning �� state and local tax implications of transactions structured for federal tax purposes �� business aviation tax planning and federal and state tax controversies involving business aviation matters �� negotiation and litigation with the IRS, and state and local tax authorities �� civil and criminal tax controversies—including audits, administrative appeals and litigation �� tax-exempt organizations
Mr. Kuchinos was a senior trial attorney with the IRS Office of Chief Counsel, where he was employed for six years. He is a frequent lecturer and contributor to professional and business publications on tax-related subjects.
Matthew D. Lee Partner, Blank Rome LLP 215.569.5352 [email protected]
Matthew D. Lee is a former U.S. Department of Justice trial attorney who concentrates his practice on all aspects of white collar criminal defense, government investigations, federal tax controversies, financial institution regulatory compliance, and complex civil litigation.
Mr. Lee has represented corporations and individuals in criminal investigations involving tax, money laundering, health care, securities, public corruption, Foreign Corrupt Practices Act (FCPA), and fraud offenses, and has significant experi-ence in handling all stages of state and federal litigation including trials and appeals. He has represented individuals and companies in all stages of proceedings before the Internal Revenue Service, including audits, appeals, and collec-tions, as well as Tax Court and district court litigation.
Mr. Lee has significant experience in conducting corporate internal investigations and advising banks and financial institutions as to compliance issues involving the Bank Secrecy Act, the USA Patriot Act, the Foreign Account Tax Compliance Act, anti-money laundering laws and regulations, and economic sanctions. He also represents finan-cial institutions and individuals in enforcement proceedings brought by the Treasury Department’s Financial Crimes Enforcement Network (FinCEN).
Mr. Lee also has extensive experience in advising clients on issues regarding foreign bank account reporting (FBAR) obligations, the Foreign Account Tax Compliance Act (FATCA), and the Internal Revenue Service’s Offshore Voluntary Disclosure Programs and the Streamlined Filing Compliance Procedures. He has represented hundreds of U.S. taxpay-ers with undisclosed foreign assets. Mr. Lee has published numerous articles regarding the IRS voluntary disclosure programs and FBAR and FATCA reporting obligations and speaks frequently on these topics.
Mr. Lee publishes a blog entitled “Tax Controversy Watch” (www.taxcontroversywatch.com) that provides timely reviews of the latest developments in the tax controversy field, including criminal tax investigations and prosecu-tions, civil audits, appeals, collections matters, and Tax Court and district court litigation. He is also the author of the Foreign Account Tax Compliance Act Answer Book 2015 published by the Practising Law Institute. Mr. Lee’s treatise is a comprehensive review of FATCA, and the obligations it imposes on foreign financial institutions, non-financial foreign entities, withholding agents, and U.S. taxpayers.
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Stephen F. Mankowski, CPA Partner, EP Caine & Associates CPA, LLC and Executive Vice President and Chair of the Tax Policy Committee, National Conference of CPA Practitioners 610.525.2933 [email protected]
Steve is the Executive Vice President and Chair of the Tax Policy Committee of the National Conference of CPA Practitioners (NCCPAP). In this role, Steve represents NCCPAP members at the National Public Liaison meetings held monthly by the IRS. In addition, Steve participates on the IRS Mid-Atlantic Working Together committee.
Steve, a graduate of La Salle University with a Bachelor of Science degree in Accounting and Finance, has over 30 years’ experience in accounting and management. Steve is a partner with the firm EP Caine & Associates CPA, LLC and licensed in both Pennsylvania and Florida. The firm has offices in Pennsylvania, New Jersey, New York & Florida. His client base centers on the mid-Atlantic region but reaches throughout the continental United States.
The firm serves individuals and small businesses through its’ accounting, taxation, business consulting and litigation sup-port services. It prides itself in offering clients expert advice interpreting it in an easily understood manner. The firm has a market niche of small and start-up enterprises.
Steve has been invited to testify before Congress on several occasions and recently participated in a Roundtable Discussion on small business tax reform with the House Small Business Committee
Steve has served on numerous Boards and has previously served as President, Vice President, Secretary/Treasurer and Educational Coordinator of the Ivyland Chapter of Business Network International (BNI).
Jeffrey M. Rosenfeld Associate, Blank Rome LLP 215.569.5752 [email protected]
Jeffrey Rosenfeld concentrates his practice in the area of business tax law. He counsels public and private corporations, partnerships, and individuals in a broad array of tax matters including:
�� domestic and international tax matters; �� state and local tax planning; �� tax-efficient structuring of domestic and international mergers, acquisitions, divestitures, reorganizations, spin-offs, redemptions and liquidations; �� formation, operation and acquisition of Subchapter S Corporations, partnerships and limited liability companies; �� federal, state, and local criminal and civil tax controversies, including audits, administrative appeals, and litigation; and, �� issuances of equity-based compensation.
Mr. Rosenfeld counsels corporate clients and individuals regarding undeclared foreign bank accounts, including “FBAR” reporting obligations, and has represented numerous clients in the Internal Revenue Service’s Offshore Voluntary Disclosure Program.
Mr. Rosenfeld is a frequent contributor to Blank Rome’s Tax Controversy Watch blog (www.taxcontroversywatch.com) which focuses on addressing and providing a comprehensive review of the latest developments in the tax controversy field.
Mr. Rosenfeld obtained his LLM in Taxation from New York University School of Law in 2012. During the 2009-2010 academic year, Mr. Rosenfeld was a Graduate Editor for the NYU Journal of Law & Business. While in law school, he volunteered as a tax preparer for Volunteer Income Tax Assistance (VITA), and was a student counselor for the Entrepreneurship Legal Clinic.
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Nancy Oliphant Ryan Of Counsel, Blank Rome LLP 215.569.5396 [email protected]
Nancy Ryan is of counsel in Blank Rome’s employee benefits and executive compensation practice. Her practice encompasses all aspects of benefit and compensation arrangements.
Ms. Ryan works with corporations, partnerships, and LLCs in all stages of development, in the design and implementation of equity-based compensation arrangements, long-term incentive plans, and other bonus arrangements. She also counsels both employers and executives in the negotiation and documentation of senior executive employment, change in control, and severance agreements.
In addition, Ms. Ryan advises public, private, and tax-exempt entities with respect to the design and administration of qualified retirement plans, including 401(k), profit sharing, and defined benefit pension plans, and non-qualified deferred compensation arrangements and welfare benefit plans. She has extensive experience counseling clients on the employee benefits and compensation aspects of mergers, acquisitions, and other corporate transactions.
Ms. Ryan is a graduate of Northwestern University School of Law, where she served as an Associate Note and Comment Editor of the Northwestern University Law Review. Prior to joining Blank Rome, she worked in the employee benefits groups of international law firms in both Philadelphia and New York.
Jed M. Silversmith Of Counsel, Blank Rome LLP 215.569.5789 [email protected]
Jed M. Silversmith concentrates his practice in white collar litigation, with a particular focus on civil and criminal tax contro-versy matters.
Mr. Silversmith has over a decade of experience working on civil and criminal enforcement matters in the public sector. He worked at the U.S. Department of Justice, Tax Division, where he served as a trial attorney for the Southern Criminal Enforcement Section from 2006 to 2014. At the Tax Division, he prosecuted a wide range of criminal tax cases in federal courts throughout the United States. The matters involved tax evasion, failure to pay employment taxes, money laundering, and bank fraud. Mr. Silversmith has tried over twenty cases including ten jury trials in federal district court.
As part of his work at the Tax Division, Mr. Silversmith worked on investigations of taxpayers with undisclosed foreign bank accounts and other offshore matters. He garnered significant experience working with the Tax Division’s Civil regional sec-tions. He regularly counseled IRS agents and attorneys on collection matters including levies, foreclosure actions, jeopardy assessments, penalty litigation, and other issues. Mr. Silversmith received three outstanding attorney awards from the Tax Division during his tenure.
Prior to working at the Tax Division, Mr. Silversmith served as a trial attorney for the Division of Enforcement at the U.S. Commodity Futures Trading Commission from 2003 to 2006. He worked on a number of substantial investigations involving the manipulation and false reporting of energy prices. He also handled a number of enforcement matters for the Commission in federal court and before administrative law judges. Mr. Silversmith regularly worked with criminal authorities on parallel investigations.
After earning his JD, Mr. Silversmith served as a law clerk for the Honorable James T. Turner, U.S. Court of Federal Claims.
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Mr. Silversmith has published several law review articles on constitutional issues including: “Between Heaven and Earth: The Interrelationship Between Intellectual Property and the Religion Clauses of the First Amendment” (co-authored with Jack A. Guggenheim, University of Alabama Law Review, Vol. 52, No. 2, Winter 2000); and “Confederate License Plates at the Constitutional Crossroads” (co-authored with Jack A. Guggenheim, University of Miami Law Review, Vol. 54, No. 3, April 2000).
David M. Warren Partner and Vice Chair, Tax Benefits, and Private Client Practice, Blank Rome LLP 212.882.5235 [email protected]
David Warren has more than 35 years of experience on various estate planning matters, including:�� drafting of complex wills�� trust agreements and related instruments�� estate administration�� post-mortem estate planning�� sophisticated planning for business owners�� formation and representation of charitable foundations�� preparation of pre- and post-nuptial agreements�� special representation of fiduciaries and beneficiaries in numerous litigated matters, including contested probate and
accounting proceedings, numerous gift and estate tax audits
Mr. Warren has lectured frequently on estate planning topics. He is also an adjunct professor of law at Fordham University of Law.
Susan Peckett Witkin Partner, Blank Rome LLP 212.882.5190 [email protected]
Susan Peckett Witkin concentrates her practice in the areas of trusts and estates and tax law. She advises clients in a wide range of trust and estate matters, including:
�� estate planning�� estate and trust administration�� litigation
Additionally, Ms. Witkin provides tax advice to individuals and privately held companies in areas such as:�� intergenerational transfer tax planning�� business succession�� insurance�� entity formation�� charitable giving arrangements�� private foundations
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�� estate and tax planning for foreign individuals and trusts�� tax controversies and FBAR and FATCA compliance�� distribution planning for IRAs and qualified plans�� income tax planning with trusts�� trust companies
She also advises clients regarding pre- and post-nuptial agreements and tax and property issues relevant to divorces and separations.
Ms. Witkin is an adjunct professor of law at New York University School of Law and previously taught as an adjunct professor of law at St. John’s University School of Law.
Ms. Witkin served for many years as a chair of various committees of the American Bar Association’s Section of Real Property, Probate and Trust Law (now the Section of Real Property, Trusts and Estates Law), including the Estate and Gift Tax Committee, the Marital Deduction Committee and the Lifetime Transfers Committee. She also served on the Section’s Nominating Committee. Recently, she was one of the principal authors of the April 2012 report of the NYSBA’s Tax and Trusts and Estates Law Sections titled “Report on Notice 2011-101: Request for Comments Regarding the Income, Gift, Estate and Generation-Skipping Transfer Tax Consequence of Trust Decanting,” providing the Internal Revenue Service with a response to its requests for comments on various tax issues implicated in the decanting of trusts.
She has written and co-authored articles for various publications, including the University of Miami Philip E. Heckerling Institute on Estate Planning, and has authored and co-authored several chapters of Murphy’s Will Clauses. She is the lead author of columns that appear several times per year in the New York Law Journal.
Ms. Witkin has been a lecturer and moderator at American Bar Association and Practicing Law Institute programs, and has presented programs to various groups, including attorneys, accountants, clients and their advisors, women entrepreneurs, and to entrepreneurs in the healthy living space.
