Education Speakers
& Topics (8 CPE/6.5 CLE)
Saturday, May 4
8:30 AM - 9:45 AM
Special Risk Management Considerations Dual Practicing Professionals Need
ToThink About
Marty Ween, Esq.,
Wilson Elser Moskowitz Edelman & Dicker LLP
This program will discuss briefly the elements of malpractice actions
against attorneys and accountants, including differences between them. Examples
of the most common claims against attorneys and accountants using a few claims
scenarios will be shown including how claims involving dual disciplines can blur
or cause issues to arise; what can be done to avoid or mitigate these claims,
including vetting the prospective clients and the scope of work to be done,
carefully constructing retention and engagement letters, and taking due care
with billings and billing disputes. We will discuss the role of insurance in
these types of claims, including the interrelationship of different types of
coverage and how claims against dual professionals may be handled.
9:45 AM - 10:35 AM
Fiduciary
Duties (Delaware &Pennsylvania law)
Eric Andersen, Esq.,
CPA, Mark Andersen, P.A.
The discussion of fiduciary duties focuses principally on the law of
Delaware, which has the most developed state law. Fiduciary duties under
Delaware corporate law are for the most part judge-made rules and fall into the
following categories: the duty of loyalty, the duty of care, and the duty of
candor. In addition, Delaware law has the business judgment rule, which is a
presumption that independent and disinterested directors have satisfied their
duty of care. We will also discuss the differences between Delaware and
Pennsylvania corporate law by highlighting the recent acquisition of Heinz (a
Pennsylvania corporation) by Warren Buffett.
10:45AM– 12:00 PM
Business
Transition Planning, Useof Redemption in Combinationwith an ESOP
Louis Diamond, Esq.,
CPA, Diamond ESOPAdvisors PLLC
ESOPs can be exceptionalbusiness and tax planning tools. Their potential
is unmatched withinour current tax system; but this fact is understood by few
tax and financial planners. Through this vehicle owners can: make their company
become tax exempt, apply the tax saving to extract its full current value,
while retaining both control and access to much of its future appreciation. You
should know about this, but probably don't. Attend this session - materially
increase your breath, and test me to see if Louis' "outlandish"
claims are true.
1:00 PM– 2:40 PM
An
In-depth Look At NYS & NYC Residency Issues
Karen Tenenbaum, Esq., CPA, LL.M.,
and Christopher Bourell, Esq., LL.M.
Karen J.Tenenbaum, P.C.
NYS has been aggressive in challenging the status of individuals who
claim to be nonresidents of the State, but continue to have ties to the State.
Be prepared for a NYS residency audit and the NYS appeals process with this
review of domicile and statutory residency, including the Department's 2012
revised guidelines. This interactive presentation will focus on the issues
raised by recent residency cases and proposed legislation. We will look at how
you can increase your clients' chances of a successful outcome, including how
you can implement best practices in anticipation of a residency challenge.
Sunday, May 5
8:30 AM - 10:10 AM
Update From the 47th Heckerling Institute on EstatePlanning
Edward Bortnick, CPA,
CVA, CFD, CFFA, CFF, Simon Krowitz Bolen & Associates, P.A.
The Heckerling Institute on Estate Planning is the nation’s leading
conference for estate planning professionals. This session will provide a
detailed overview of the topics covered at this year’s institute to include how
the latest laws will affect advice to clients. Portability Trusts and the 3.8%
Medicare Tax, How ATRA Effect Estate Planning Practices and highlights most
important to the estate planning and your client will be discussed.
Meet our Speakers
Eric Andersen, Esq.,
CPA, Mark Andersen, P.A.
With over 15 years experience, Eric
M. Andersen has a national corporate litigation practice based out of
Wilmington, Delaware. Eric is highly sought after by individual investors due
to his ability to cross-examine valuation experts and explain valuation issues
in a simple concise manner to judges and juries.
Edward Bortnick, CPA, CVA, CFD, CFFA, CFF, Simon Krowitz Bolen
& Associates, P.A.
Ed began his career in public
accounting in 1971. He has served as Principal since 1977, including eighteen
years in his own practice prior to merging with Simon Krowitz Bolin &
Associates, P.A. in1998. Over the years, Ed has acquired a unique and varied
background of skills in accounting, taxation, business matters, and valuation
services. His primary focus is on litigation services, specializing in
valuations and bankruptcy and divorce support. He has appeared in Circuit, U.S.
Bankruptcy, and Federal courts to serve as an expert in business disputes,
divorce, and tax matters. He heads the firm’s Exit Planning; Litigation Support
& Valuation Services practice. Ed also manages a conventional accounting
practice including audits, reviews, compilations, tax planning and preparation,
and business consulting. He is an instructor for the National Association of
Certified Valuation Analysts and was a Co-Chairperson of the NACVA’s 2007
annual conference, and is on the planning committee of the NACVA’s 2011 annual
conference. He is also the president of the Maryland/DC Chapter of the National
Association of Certified Valuation Analysts and the first affiliate member of
the American Association of Attorney CPAs.
Christopher Bourell, Esq., LL.M., Karen J.Tenenbaum, P.C.
Christopher is an associate
attorney at the law firm of Karen J. Tenenbaum, P. C. He focuses his practice
on the resolution of Federal and New York State tax controversies, including
issues involving income tax, sales tax audits, residency audits, responsible
person assessments, and tax collections. Christopher strives to help his
clients understand their rights and obligations, and provides care and
attention to guide his clients through the legal process.
Christopher has spoken on a
variety of tax topics to NYSSCPA (Queens-Brooklyn, Staten Island, Nassau, and
Suffolk Chapters), to NCCPAP Nassau/Suffolk Chapter, at the Long Island Tax Practitioners
Symposium, and at tax conferences at the LIU C.W. Post Campus. Christopher also
serves as co-chair of the NYSSCPA Nassau Chapter, Attorney-Accountant
Committee. Prior to joining Karen J.
Tenenbaum, P.C., Christopher ran a private practice in Austin, Texas, advising
taxpayers on the tax aspects of business and property transactions. He has
presented lectures on the Revised Texas Margin Tax to the Oklahoma Society of
CPAs and on Current Issues with Like-Kind Exchanges to the Austin Tax Study
Group.
Christopher received his B. A.
from the Austin Graduate School of Theology, his J.D. magna cum laude from the
Dedman School of Law at Southern Methodist University, and his LL.M. (Taxation)
from New York University School of Law. Christopher is a member of the Order of
the Coif. Christopher is admitted to the State Bars of New York and Texas and
to the U.S. Tax Court.
Louis Diamond, Esq.,
CPA, Diamond ESOP Advisors PLLC
Louis, Managing Member of Diamond
ESOP Advisors PLLC, is one of the leading ESOP (Employee Stock Ownership Plan)
attorneys in the country. His work with ESOPs is all encompassing, ranging from
representing owners selling stock to an ESOP, employees pooling ESOP funds to
purchase their division/subsidiary from corporations large and small, banks and
others making ESOP loans and ESOPs themselves and their trustees. Representing
the employees of the Illinois Institute of Technology Research Institute (now
Alion Science and Technology) in a $130 million employee buyout of its
operating assets is among Louis’ most notable ESOP achievements. As an Adjunct
Professor at the Georgetown University Law Center, he taught one of the very
few ESOP courses in the United States and, for seven years he taught a tax
course on Business Planning. He has published numerous ESOP and tax related
articles and papers in The Tax Advisor and The Compensation Planning
Journal, and authored portfolios for the Bureau of National Affairs'
"Tax Management" series. He is also a frequent speaker at employee
benefit and tax conferences around the country, having regularly appeared at
annual conferences of the ESOP Association, the American Institute of Certified
Public Accountants (AICPA), the New York University Institute on Federal
Taxation and the Southern Federal Tax Institute.
Louis is a past chairman of the ESOP
Association’s Legislative and Regulatory Advisory Committee. He previously
served as attorney advisor at the United States Tax Court, is a Charter Fellow
of the American College of Employee Benefits Counsel and a Fellow of the
American College of Tax Counsel.
After receiving his B.A. in accounting
from George Washington University, Louis earned his J.D. cum laude and
served as an Associate Editor of the Law Review at the George Washington
University National Law Center before obtaining his LL.M. in Taxation from the
Georgetown University Law Center. He is also a Certified Public Accountant and
a member of the American Association of Attorney CPAs.
Karen Tenenbaum, Esq.,
CPA, LL.M., Karen J. Tenenbaum, P.C.
An attorney for thirty years, Karen founded Karen J. Tenenbaum,
P.C. in 1996 in order to provide legal counsel to individuals and businesses
facing IRS and NYS tax problems. She and her team continue to pursue this goal
by representing taxpayers before the IRS and New York State Department of
Taxation of Finance.
Karen is a frequent speaker on IRS and NYS tax issues for numerous
professional groups, on topics such as New York State residency matters, NYS
collection issues, celebrity tax issues, and more. Karen’s expertise and
leadership have established her as a leading tax attorney in the NY area.
Karen is a graduate of the Brooklyn College of the City University
of New York where she earned a B.S. in Accounting. She then attended Brooklyn
Law School for her J.D. and the New York University School of Law for her LL.M.
in Taxation
Marty Ween,Esq., Wilson
Elser Moskowitz Edelman & Dicker LLP
Practicing with this firm for over
39 years, Marty has been involved with and has been the national coordinator
for various insurers, both domestic and foreign, with primary responsibility as
to programs involving the management, handling and defense of claims and
litigation against and the insurance afforded to many different types of
professionals, including architects, engineers, construction managers,
industrial hygienists, home inspectors, environmental consultants, corporate
directors and officers, and trustees and fiduciaries of employee benefit plans.
He also has had extensive experience in the drafting, review and revision of
insurance policies, endorsements and applications.
Marty received his Bachelor of Arts
degree, cum laude with Distinction in English, from the State University of New
York at Buffalo and his Juris Doctor degree from New York University School of
Law in 1971. He is a member of the American and New York State Bar Associations
and is admitted to practice before the federal and state courts of New York.