2012 Fall Meeting & Education Conference

Nov 07, 2012 01:00pm -
Nov 11, 2012 11:00am

Event Type: Fall Meeting
Category: Fall Meeting

Speaker Information



Thursday, November 8

8:30am-10:10am (100 Minutes)  

Forensic Accounting: The Truth Behind the Numbers

This presentation begins with a discussion of forensic accounting, from its definition to the specific characteristics which separate it from auditing engagements and fraud examinations. While exam­ining the legal background, a focus on detection and investigative tools used by the forensic accountant will be discussed. Various fraud schemes will be introduced, and how these schemes can be uncovered and prevention measures that can be recommended.



Rick Grey, CPA/ABV, CVA, ASA, Senior Manager - Business Valuation and Litigation Support Services Group, Alpern Rosenthal


10:25am-11:15am (50 Minutes)  

Hot Topics & Trustee Tax Traps

This session will cover critical recent developments in estate and gift tax law as well as trust planning. It will incorporate law changes, and relevant developments from Mr. Parthemer’s 2012 presentation at the Heckerling Institute on 20 Tax Traps and Other Trustee Selection Considerations.



Mark R. Parthemer, Esq., AEP, Managing Director and Fiduciary Counsel, Southeast Region, of Bessemer Trust


11:15am-12:05pm (50 Minutes)  

Identity Theft and the IRS’ Response to It

Identity Theft is a serious issue for the IRS and its reaction is ever changing. This program will provide the latest updates the IRS is doing to combat the issue, and how practitioners can procedur­ally best serve their clients upon indications of a fraudulent return.



    Francis Kleckley, Director ,Office of Privacy and Information Protection, IRS

1:30pm-3:10pm (100 Minutes)  

Choice of Business Entity

This session will be to analyze the tax and non-tax factors involved in the entity selection process, and why entity selection is such an important decision throughout the life cycle of a business. The pre­sentation will compare and contrast partnerships, limited liability companies, S corporations and C corporations, and discuss what type of entities should be formed for different types of businesses.



Richard B. Comiter, Esq., M.S.M., Senior Partner, Comiter, Singer, Baseman & Braun, LLP


Domenick R. Lioce, Esq., CPA, Nason, Yeager, Gerson, White & Lioce, P.A., Sydney S. Traum, BBA, JD, LLM, CPA, of Counsel to Levey, Filler, Rodriguez, Kelso & Magilligan, LLP


3:30pm-4:20pm (50 Minutes)  

Planning Possibilities for Portability-Panacea, Pain or Place Placebo?

Portability, currently a temporary provision in the estate and gift tax regime, will likely become a mainstay. Treasury recently issued very favorable temporary and proposed regulations that are taxpayer friendly. Understanding portability and how it may change the way to plan will be important to your practice. You will be able to ex­plore whether portability is a pain, the panacea or simply a placebo for your clients’ planning needs.


Lester Law, Esq., CPA, Managing Director, U.S. Trust, Bank of America Private Wealth Management

Friday, November 9

8:30am-10:10 am (100 Minutes)

What Every Lawyer and CPA Needs to Know About Client Trust Accounts

Major changes in the electronic banking laws and disciplinary rules put the uninformed lawyer at serious financial and disci­plinary risk. With more than 15 years of research and 25 years of experience our presenter will show you how to recognize and anticipate problems to be solved and solutions that you can use for yourself and for your clients.


Jay Foonberg, Esq., CPA  

10:20am-11:35am (75 Minutes)

The Taxation of Exotic Investment Products Sold to Individuals

Investing has gone beyond stocks, bonds, and mutual funds. Today, high-net-worth individuals are being offered an ar­ray of alternative asset classes and investments. From com­modities, exchange-traded notes, to foreign sovereign and emerging-market debt, these investments often utilize complex financial instruments and derivatives, catch the taxpayer and tax professionals unaware. This presentation will discuss the taxation of these “exotic” investments pointing out traps, where the tax code is unclear, and where tax advisors are likely to see change in the future. 


Paul Lee, Esq., LLM, National Managing Director of Bernstein Global Wealth Management 

11:35am-12:50pm (75 Minutes)

OVDI – Latest Developments and Practicalities

This session will focus on the latest information available on the IRS’ Offshore Voluntary Disclosure Program, including practical application and opt-out. 



Marc Schwartz, Esq., CPA, Schwartz International 

2:00pm-3:15pm (100 Minutes)

Asset Protection

This session will explore the critical wealth preservation issues and answers that lawyers and CPAs need to understand: Defining wealth protection planning; Fraud v. Fraudulent Conveyance; Sol­vency Calculation; Contempt and Defenses; Professional Liability.


Denis Kleinfeld, Esq., of Counsel to Fuerst Ittleman, PL, The Kleinfeld Law Firm, P.A.


Saturday, November 10

8:00am-9:40am (100 Minutes)

Emerging Technology for Today’s Practitioner

Cloud computing, new device integration, practical ideas in effectively utilizing the latest technology for your practice.



   Deron Harrington, Esq., CPA, Harrington, Carbone & Allison, LLP


Meet Our Faculty 

Richard B. Comiter, Esq., M.S.M,  is the senior partner of Comiter, Singer, Baseman & Braun, LLP, a Florida regional tax law firm. The focus of Richard’s practice is federal income and estate tax planning, partnership and limited liability company state law, structuring of business transactions for pass-through entities, succession and wealth transfer planning, probate, asset protection and non-qualified executive compensation.  Richard was awarded a B.S.B.A. with Honors from the University of Florida and earned a M.S.M. in Tax Accounting from Florida International University. He received his Juris Doctor, with Honors, and a Master of Laws in Taxation from the Fredric G. Levin College of Law at the University of Florida. He is a member of the Board of Trustees of the Levin College of Law and is Chairman of its Planned Giving Task Force.  

Richard has been acknowledged as a leader in the field of taxation and estate planning by his peers as well as by leading legal publications. He was recently selected as the 2010-2011 Recipient of the Tax Section of The Florida Bar Gerald T. Hart Outstanding Tax Attorney of the Year Award. He has been recognized in the field of corporate tax by Who’s Who Legal, as a member of the Florida Legal Elite by Florida Trend, as a Top Lawyer in Tax and Estate Planning by the South Florida Legal Guide, as a Top 100 Florida Super Lawyer, The Best Lawyers in America, and as a Leading Lawyer for Business in Chambers USA. He is a Fellow of The American College of Trust and Estate Counsel and is currently serving on its Asset Protection and Business Planning Committees. He is also a member of Florida Blue Key.  

He is a Past-Chair of the Tax Section of The Florida Bar (the “Tax Section”). He has also served as the Director of the Education Division and Federal Tax Divisions of the Tax Section, and is a former Chair of its Individual and Pass-Through Entities, Finance, and Long Range Planning Committees. He is currently a member of the Steering and Drafting Committee which is in the process of revising Florida’s Limited Liability Company Act. Richard was formerly a member of the Limited Partnership Act Review Committee, and the Steering and Drafting Committee for the revisions to Florida’s Limited Liability Company Act and the Florida Revised Uniform Partnership Act. His annually lectures on Pass-Through Entities and Entity Selection at The Florida Bar’s Tax Certification and Review Conference and the FICPA’s Florida Institute on Federal Taxation Conference. Mr. Comiter was a columnist on S Corporations and Partnership State Law and a member of the Board of Advisors and Contributing Editors for the Journal of Partnership Taxation. Richard is also a Florida Bar Board Certified Tax Lawyer and a Florida Certified Public Accountant.  

Richard has previously served as President of the Palm Beach/Martin County Estate Planning Council and the Palm Beach County Tax Institute. He is a Past-President of the Jewish Community Center of the Greater Palm Beaches, a member of the Board of Directors of the Jewish Federation of Palm Beach County and a Past-Chair of its Professional Advisory Committee. Mr. Comiter previously served as the Regional Vice-President and member of the Board of Directors of the Florida Association of Attorney-Certified Public Accountants.   He has lectured in programs sponsored by the American Bar Association, The Florida Bar, the Florida Institute of Certified Public Accountants, The American College of Trust and Estate Counsel, the Lawyers Guaranty Fund Assembly, New York University’s Institutes on Partnership Taxation and Closely Held Businesses, the National Business Institute and the Graduate Tax Department at the Levin College of Law at the University of Florida. 


Jay Foonberg, Esq., CPA, is one of the founders of the AAA-CPA and served as association president.  A graduate of both U.C.L.A. and U.C.L.A. Law, Foonberg has pursued further education with courses at Harvard Law School, Cambridge University, England and Duke University School of Law. He is a founder of the ABA Law Practice Management Section and the General Practice, Solo and Small Firm Division, as well as a member of the ABA House of Delegates.  The ABA recognized him four times with lifetime achievement awards including the Prestigious Harrison Tweed Award as the Most Outstanding Continuing Legal Educator in the USA.   He is possibly the most knowledgeable person in America on the subject of lawyer trust accounts teaching Lawyer Client Trust Accounts to attorneys for more than twenty years.   Foonberg is the only person to have lectured for CLE in all US fifty states, and six territories, and on all seven continents including Antarctica.  A renowned author, his book How to Start and Build a Law Practice, is a best seller and the most stolen book from law libraries in the U.S.  He also wrote The American Bar Association Guide to Lawyer Trust Accounts. 

Richard Gray, CPA/ABV, CVA, ASA, provides valuation services for a wide variety of businesses and industries, closely-held stock, and intangible assets as they apply to both private and public companies.  His industry experience ranges from software development firms to aquaculture. He has valued businesses in retail, manufacturing, professional service (including medical practices, law and accounting firms, advertising, and engineering firms), information technology, bioscience, and the hospitality industry.  Richard has conducted valuations for such matters as marital dissolution, shareholder disputes, estate and gift tax planning, commercial litigation, buy-sell agreements, damage computations, mergers and acquisitions and corporate reorganizations.

Richard’s forensic accounting experience has been utilized by attorneys and clients for a variety of litigation and non-litigation matters.  He has provided forensic investigation services in cases for marital dissolution, suspected embezzlement involving not-for-profit organizations, debtor/creditor disputes, and calculations of damages and loss of earnings.

Deron R. Harrington, Esq., CPA,  practices in the areas of business law, energy, estate planning, probate and taxation, in Houston, Texas.  In addition, he is a practicing CPA in the accounting firm of Harrington, Carbone & Allison, LLP.  He is a graduate of South Texas College of LA and Oklahoma State University.  He has held various financial and executive positions with four separate Fortune 500 companies and has served in the United State Army both as an enlisted soldier and a commissioned officer.

Denis Kleinfeld, Esq., CPA, is of Counsel to Fuerst Ittleman David and Joseph, PL, in Miami, Florida and Professor of Law, LLM International Tax Program, Thomas Jefferson School of Law, San Diego, California. Mr. Kleinfeld primarily advises both U.S. and international businesspersons, investors, professionals, families, and individuals in wealth preservation planning.

This planning encompasses such diverse areas of law as U.S. and international estate planning, income tax analysis and planning, tax compliance, business transactions, asset and personal migration, and investment planning, structuring and implementation. He also provides legal guidance and due diligence services for clients presented with various business and investment opportunities. Denis is well regarded for his ability to identify areas of concern and develop pragmatic solutions.  He has extensive experience and training as a lawyer, teacher and writer.

Denis is the author of various chapters in prominent legal publications such as Administration of Trusts in Florida, and Choosing An Offshore Jurisdiction. He has also authored chapters in Attorney Ethical Liability in the Application of the Terms ‘Fraud’ versus ‘Fraudulent Transfers’ Under the Uniform Fraudulent Transfer Act, and Use of Civil Law Foundations for Asset Protection, published by the American Bar Association in Asset Protection Strategies: Wealth Preservation Planning with Domestic and Offshore Entities Vols. I and II.  He has written extensively in professional and general circulation magazines and publications on a wide variety of tax, insurance, estate planning, treaty planning, domestic and international asset protection, and investment issues as well as observations on relevant political, social and economic issues. He is on the Board of Editors of Estate Planning Magazine, writes a Monday blog for Newsmax’s Moneynews.com, regular contributor to the IFC Review, and has been a Contributing Editor to the Offshore Investment Magazine among numerous other journals and magazines. Professor Kleinfeld is the founder of, and now serves as co-chairman for, the Florida Annual Wealth Protection Conference. He also participates in the Annual Planning for Physicians Conference for the Florida Bar, and is a speaker or presenter at a wide variety of professional conferences, seminars, and symposiums in the United States and around the world.

Denis was born in Chicago, Illinois. After obtaining his B.S. degree in Accountancy from the University of Illinois in 1967 being registered there as a Certified Public Accountant, he enrolled at the Loyola University of Chicago School of Law, graduating in 1970. He was admitted to the Illinois Bar in 1970 and was employed as an attorney with the Internal Revenue Service in the Estate and Gift Tax Division. Denis is a member of the Florida Bar, a member of the Florida Institute of Certified Public Accountants, the American Bar Association, and the American Institute of Certified Public Accountants.

Lester Law, Esq., LLM  is a senior Vice President and Wealth Strategist of the National Wealth Strategies Group of U.S. Trust, Bank of America Private Wealth Management. Prior to joining U.S. Trust, he practiced for about 13 years as an attorney focusing on estate and trust planning and administration and corporate and partnership law. Lester received his degrees from University of Florida (LL.M. - Tax), The University of North Carolina at Chapel Hill (JD), University of Miami (MST) and Florida International University (BBA - Accounting). Lester is board certified from the Florida Bar in the area of Wills, Trust and Estates. Lester is an active committee member of the ABA's Real Property Trust and Estate Section and the Florida Bar's Real Property Probate and Trust Law section.

Paul S. Lee, Esq., LLM is a National Managing Director of Bernstein Global Wealth Management, a position he assumed in 2006; he is also a member of the firm’s Wealth Management Group, which he rejoined in 2008. Previously, he had been a managing director in the London and New York offices. Prior to joining the firm in 2000 as a Wealth Management Group director, he was a partner in the Atlanta-based law firm of Smith, Gambrell & Russell, LLP. Paul received a BA, cum laude, in English and a BA in chemistry from Cornell University, and a JD, with honors, from Emory University School of Law, where he was notes and comments editor of the Emory Law Journal; he also received an LLM in taxation from Emory University. Paul was the recipient of the Georgia Federal Tax Conference Award for Outstanding Tax Student and the Ernst & Young Award for Tax and Accounting. A frequent lecturer and panelist on investment planning and tax and estate planning, Paul has spoken at the Heckerling Institute on Estate Planning, the ACTEC National Meeting, the ABA Tax-RPTE Joint National CLE Conference, the Southern Federal Tax Institute, the USC Institute on Federal Taxation and the Notre Dame Tax and Estate Planning Institute. His articles have been published by The ACTEC Law Journal; BNA Tax Management Estates, Gifts and Trusts Journal; BNA Tax Management Memorandum; The Practical Tax Lawyer; Major Tax Planning; Trusts & Estates; and the Emory Law Journal.

Domenick R. Lioce, Esq., CPA is a partner in the firm Nason, Yeager, Gerson, White & Lioce, P.A.  A certified public accountant in Florida since 1976, Domineck Lioce was admitted to the bar in Florida in 1979 (U.S. District Court, U.S. Tax Court, U.S. Court of Appeals, 11th Circuit), after receiving his undergraduate, graduate, and legal education at Florida State University (BS, 1973; MA, 1978; JD, 1979). He is a member of the Florida Institute of Certified Public Accountants; American Bar Association: Member of the Tax Section; Florida Bar Association: Member of the Tax Section, Member of the Tax Section Board of Directors, Member of the Executive Council, and Chairman of the Tax Sponsors Committee and Co-chairman of the Finance Committee and the Long-Range Planning Committee; Member and Vice Chairman of the Business Law Section Bar/FICPA Liaison Committee; Member of the Drafting Committee of the New Florida Revised Limited Liability Company Act; Former Member of the Drafting Committee of the Florida Revised Limited Partnership Act and the Florida Revised Partnership Act; American Association of Attorney-CPAs, Executive Vice- President of the Florida Chapter, Member of the National Board of Directors and Executive Committee, Assistant Secretary; Member and Director of the National Continuing Education Committee and Chairman of the National Sponsors Committee; Director and Past President of Palm Beach Tax Institute; Member and past Board Member of Florida State Alumni Association; past Chairman of Forum Club of the Palm Beaches. He has authored numerous articles and is also a frequent lecturer.

Christopher Merrill currently represents the Internal Revenue Service as a Stakeholder Liaison in the field of education and outreach.  Working with tax professionals, payroll providers, industry associations and their memberships, Chris has been delivering outreach messaging on relevant tax topics to practitioner and business stakeholders since 2001.  A statistics major from Florida State University, Chris started his IRS career in 1991, specializing in individual income tax programs as a Tax Auditor before being picked up in the Communications and Stakeholder Outreach branch.  

Mark R. Parthemer, Esq., AEP, is a Managing Director and Fiduciary Counsel, Southeast Region, of Bessemer Trust, an exclusive wealth management firm for ultra high net worth individuals.  Mr. Parthemer oversees Bessemer Trust’s legacy and estate planning services from the Miami through Washington, DC offices. He is a frequent national lecturer and published author on taxation, estate planning, trust law and wealth management. 

Mark has been Vice-Chair of the Insurance & Financial Planning Committee of the American Bar Association (Real Property, Trust & Estate Law) and currently is Co-Chair of the ABA’s Non-Tax Issues Affecting the Planning and Administration of Estates and Trusts Committee.  He is a member of the Florida Bankers Association Executive Council (chair, Trust Legislation Committee), a Board Member of, and ABA Liaison to, Synergy Summit, and a member of the Florida and Pennsylvania Bar Associations.

He writes a regular column for the Journal of Financial Service Professionals magazine and contributes to other periodicals, including Probate & Property and Estate Planning magazines.  He often has been faculty for the University of Miami’s prestigious Heckerling Institute, the NYU and Tulane Tax Institutes, an adjunct professor of accounting and finance law at Widener University School of Law, and a guest lecturer at University of Miami’s LLM program.

He has been honored for over 10 years as one of The Best Lawyers in America (Trust and Estates); Lifetime Achievement Among US Professionals; Best Legal Eagles in Florida, and a South Florida Super Lawyer.  He has served on public company as well as numerous community and charity boards.  He is active in his church and currently serves on several national committees of his church’s denomination, particularly finance and endowment fund investments.

Prior to joining Bessemer Trust in 2004, Mark was in private law practice in Pennsylvania and Florida, most recently as a Trust and Estate partner with Duane Morris LLP. He also spent several years at PricewaterhouseCoopers and was involved in private businesses. He received his J. D. from The Dickinson School of Law, Penn State University, and his B.A. and B.S. degrees from Franklin and Marshall College.  Mark has achieved Accredited Estate Planner status from the National Association of Estate Planners and Councils and earned certification for MBA phase one studies.

Marc Schwartz, Esq., CPA, has lived and worked in the US and abroad in both governmental and private sector roles. His diversified experience has allowed him to bring a global perspective to the business. He holds a B.A. from Colgate University, a Master’s in International Affairs from Columbia University, and a law degree from Emory University.

Marc began his career at the Big 6 in his hometown of Atlanta, Georgia. Here he built a strong foundation in federal, state/local and international tax over several years for both individual and corporate clients. He transferred to the firm’s Mexico City office and developed an expertise in Latin American tax to supplement his European, Asian and U.S. tax base. He built on this experience when he was sent to help develop the firm’s Miami-based business. In Miami, he developed additional experience with inbound investment to the US.

Marc’s geographically diverse client base has allowed him to gain significant experience with tax treaties, outbound/inbound planning, repatriation, foreign tax credits, real estate investments/FIRPTA, branch taxes and audit defense. He has taught a graduate level international tax course at the Universidad Panamericana in Mexico City. Today he continues to lecture on international tax issues, and he also writes for various trade publications. Marc is fluent in Spanish and has a working knowledge of Portuguese.

Sydney S. Traum, BBA, JD, LLM, CPA practices law in Miami-Dade County, Florida. His professional association is of Counsel to the law firm of Levey, Filler, Rodriguez, Kelso & Magilligan, LLP.   He is author of The S Corporation:  Planning & Operation and also The S Corporation Answer Book, both published by Aspen Publishers, Inc.  Recently he authored articles in The Tax Adviser and the Journal of Accountancy.  The FICPA Editorial Committee named Traum as the winner of the 2011 Writing Excellence Award for his article, “Update on S Corporations,” which was published in the January/February 2011 issue of Florida CPA Today.

A licensed CPA and attorney in both New York and Florida, Sydney is a past president of  the American Association of Attorney-CPAs;  the Dade County Chapter of the Florida Institute of CPAs (FICPA) ; the Greater Miami Tax Institute; and Beth David Congregation in Miami.   He is a past chair of The Florida Bar Committee on Relations with CPAs.    He is currently the Board Chairman of the Florida Association of Attorney-CPAs and is Treasurer of the Harvard Club of Miami.  He  is currently serving as a member of the American Association of Attorney-CPAs Executive Committee,  the FICPA Federal Taxation Committee,   the American Bar Association Tax Section S Corporations Committee, The Florida Bar Probate Rules Committee,  the  American Institute of CPAs Tax Division  S Corporation Technical Resource Panel and  of the Board of Directors of the FICPA Miami-Dade County Chapter.  He is also Editor of the Baptist Health Foundation Professional Advisory Committee Newsletter.

Sydney received his BBA from the Baruch School of the City College of New York, JD from Harvard Law School, and LLM (Taxation) from New York University Law School.  He is Florida Bar Board Certified in Taxation and also in Wills, Trusts and Estates.  Sydney is rated AV (the highest rating possible) by the Martindale-Hubbell Law Directory.