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63rd Annual

Taxation Conference

Austin Dec 2-3, 2015 Radisson Hotel and Suites, Austin-Downtown
Conference Concluded
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SPONSORS
Bracewell & Giuliani LLP 
Branscomb | PC
Chamberlain, Hrdlicka, White, Williams & Aughtry
KPMG LLP
Martens, Todd, Leonard, Taylor & Ahlrich
 
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Overview

The 63rd Annual Taxation Conference features an impressive slate of topics with regionally and nationally renowned speakers covering current trends, updates in tax regulation and policy, and much more. 

  • Gain insight into corporate taxation, reform efforts, and the state of the tax world with Mark Prater, Deputy Staff Director and Chief Tax Counsel for the United States Senate Finance Committee
  • Get the latest on Texas State and Local tax law changes, including the impact of recent legislative and judicial developments
  • Hear from Glenn A. Hegar, new Texas Comptroller of Public Accounts, on his plans for the office
  • Collect practical tips for working with foreign partnerships and real estate investments
  • Explore recent developments in federal income taxation with Professor Bruce McGovern
  • Earn up to 2.25 hours of ethics credit, including an hour on Ethics Landmines for 2015
Continue on Friday with Professor Stanley M. Johanson’s popular one-day Estate Planning Workshop offering lively discussion, practical advice and updates.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 December 2, 2015
  • Day 2 December 3, 2015
  • Time
    Credit
    Subject
    Speaker
  • Wednesday Morning, Dec. 2, 2015
    Presiding Officer:
    James F. Martens, Martens, Todd, Leonard, Taylor & Ahlrich - Austin, TX
  • 7:30 am
    Registration Opens
    Includes continental breakfast.

  • 8:35 am
    Welcoming Remarks

  • 8:45 am
    2.00 hrs
    Recent Developments in Federal Income Taxation
    Review significant court decisions, rulings and statutory and regulatory developments of the past year.

    Bruce A. McGovern, South Texas College of Law - Houston, TX

  • 10:45 am
    Break

  • 11:00 am
    1.00 hr
    Texas State Tax Update
    Assess the Texas sales and use tax and franchise tax legislative amendments, recent court cases, administrative developments, and trending issues. Specific topics include: sales tax legislation for aircraft leases, ongoing franchise tax apportionment litigation, the impact of the Texas Supreme Court’s denial of Petition in Titan Transportation, the Third Court of Appeals’ decision in Ryan, LLC regarding refund prerequisites, and Texas’s attempt to create taxing nexus through software licensing.

    Danielle Ahlrich, Martens, Todd, Leonard, Taylor & Ahlrich - Austin, TX

  • 12:00 pm
    Pick Up Lunch
    Included in registration.

  • Wednesday Afternoon, Dec. 2, 2015
    Presiding Officer:
    Christina A. Mondrik, Mondrik & Associates - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:20 pm
    0.50 hr
    Report from the CFO of Texas
    Comptroller Hegar will discuss the trends and issues affecting the Texas economy and its regions. Understanding where we are today can help all of us ensure that we remain prosperous tomorrow.

    Glenn A. Hegar, Comptroller, Texas Comptroller of Public Accounts - Austin, TX

  • 12:50 pm
    Break

  • 1:05 pm
    1.00 hr
    0.25 hr ethics
    S Corporation Opportunities and Pitfalls
    S Corporation elections are popular, especially among small business owners. However, many business owners who have made the election are unaware of potential risks related to assignment of income, reasonable compensation requirements, and other lurking issues. Uncover common audit issues related to S Corporations, how businesses may avoid them, and considerations to discuss with taxpayers related to their choice of entity and whether it continues to make sense as time progresses.

    Christina A. Mondrik, Mondrik & Associates - Austin, TX

  • 2:05 pm
    1.00 hr
    Crossing the State Tax Nexus Line—To Which States Must Tax Be Paid and How Much Is Owed?
    Economic nexus (being subject to tax due to the mere presence of customers in a state) has been adopted by numerous states. Single-sales-factor market-based apportionment  has similarly been adopted by numerous states. The intersection of these two developments means that virtually all businesses must be prepared to determine to what states income and other business activity taxes must be paid and how much tax may be due. Explore these issues and concerns so businesses can decide whether to pay, reserve, and/or fight.

    Arthur R. Rosen, McDermott Will & Emery - New York, NY

  • 3:05 pm
    Break

  • 3:15 pm
    1.00 hr ethics
    Ethics Landmines for 2015
    Hear observations from the Former Director of the Office of Professional Responsibility as panelists discuss and apply the ethical standards to current and recurring fact patterns typical to a 2015 Federal tax practice.

    Karen L. Hawkins, Former Director, Office of Professional Responsibility - Washington, DC
    Charles J. "Chad" Muller, Chamberlain, Hrdlicka, White, Williams & Aughtry - San Antonio, TX
    Fred F. Murray, Grant Thornton LLP - Washington, DC

  • 4:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Dec. 3, 2015
    Presiding Officer:
    Dennis B. Drapkin, Southern Methodist University Dedman School of Law - Dallas, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    1.00 hr ethics
    Circular 230 Update
    Consider the recent court decisions and regulatory changes that have reshaped Circular 230, including implications for practitioners.

    Dennis B. Drapkin, Southern Methodist University Dedman School of Law - Dallas, TX

  • 9:30 am
    1.00 hr
    Investment in United States Real Property by Non-U.S. Investors 
    Many foreign individuals, pension plans and governments are looking at investments in U.S. real estate. Taxation is a major part of any investment decision, and if such an investment is properly structured, the foreign investor could pay little or no U.S. tax. Learn how to structure foreign investment in U.S. real estate to minimize U.S. taxation and withholding.

    Richard M. Lipton, Baker & McKenzie - Chicago, IL

  • 10:30 am
    Break

  • 10:45 am
    1.00 hr
    0.50 hr ethics
    Eggshell Audits: Handling IRS Examinations When There Are Potential Criminal Issues
    Review issues that arise during IRS civil audits of individuals and businesses in which the revenue agent is unaware of material errors and possible fraudulent conduct with respect to the returns. Topics include: the role of IRS Fraud Technical Advisors; the client decision between cooperation and remaining silent to avoid self-incrimination; the use of Kovel accountants; the government’s use of administrative summonses; the problems presented by large corporate investigations and parallel proceedings; and the signs that a case may have been referred for criminal investigation. 

    Larry A. Campagna, Chamberlain, Hrdlicka, White, Williams & Aughtry - Houston, TX

  • 11:45 am
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, Dec. 3, 2015
    Presiding Officer:
    Susan C. Morse, The University of Texas School of Law - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:05 pm
    1.00 hr
    State of the Tax World
    An update on Federal Tax Legislation, including developments on corporate and international tax issues.

    Christopher Hanna, Southern Methodist University Dedman School of Law - Dallas, TX

  • 1:05 pm
    Break

  • 1:20 pm
    1.00 hr
    Partnership Equity Compensation—Crescent Holdings and Related Issues
    Review the implications of the failure to make a Section 83(b) election with respect to an unvested compensatory partnership interest and how such implications may differ depending upon whether the partnership interest is a capital interest or a profits interest.

    Bahar A. Schippel, Snell & Wilmer LLP - Phoenix, AZ

  • 2:20 pm
    1.00 hr
    The Final Tangible Property Regulations:  Practical Considerations in the Post-Implementation Period  
    The final tangible property regulations became effective for tax years beginning in 2014 and required most business taxpayers to file one or more changes in method of accounting to implement the new rules for acquisitions costs, material and supplies, de minimis expenses, repairs vs. improvements, and property dispositions. Many businesses implemented these regulations in some fashion, but due to the comprehensive impact of the rules and the heavy reliance on facts and circumstances, many businesses have more to do to evaluate their tax accounting methods for tangible property, including offices buildings, retail properties, manufacturing facilities and equipment, and other capital assets. This session will discuss the practical steps that businesses are taking to consider whether additional accounting method changes or the election of safe harbors could better optimize the tax accounting for tangible property costs going forward.

    Carol Conjura, KPMG LLP - Washington, DC

  • 3:20 pm
    Break

  • 3:30 pm
    1.00 hr
    The State of Section 1031 Drop-and-Swaps Thirty Years After Bolker and Magneson
    Thirty years ago, the Ninth Circuit decided Bolker and Magneson. These cases became the foundation of Section 1031 drop-and-swap jurisprudence, and they remain relevant today. Reassess the Section 1031 law derived from these and other cases and rulings, identify various types of drop-and-swap transactions, and explore other legal concepts that could affect the tax treatment of intended drop-and-swaps. The coverage will lay the groundwork for considering various tax-planning strategies and recognizing potential pitfalls that drop-and-swaps present. 

    Bradley Borden, Brooklyn Law School - Brooklyn, NY

  • 4:30 pm
    1.00 hr
    That Life Insurance Policy May Be Worth More Than You Think!
    Review the various types of policies—whole life, term, group term, universal, variable universal, index universal and no lapse guarantee—and how they are used. This is followed by the often unclear policy valuation rules for each type of policy for income, gift, estate and GST purposes. Valuation issues constantly come up for planners in sales of policies, distributions from qualified plans, executive compensation and transfer tax purposes.

    Donald O. Jansen, The University of Texas System - Austin, TX

  • 5:30 pm
    Adjourn

  • Day 1 December 2, 2015
  • Day 2 December 3, 2015
Download Schedule

Conference Faculty

Danielle Ahlrich

Martens, Todd, Leonard, Taylor & Ahlrich
Austin, TX

Bradley Borden

Brooklyn Law School
Brooklyn, NY

Larry A. Campagna

Chamberlain, Hrdlicka, White, Williams & Aughtry
Houston, TX

Carol Conjura

KPMG LLP
Washington, DC

Dennis B. Drapkin

Southern Methodist University Dedman School of Law
Dallas, TX

Christopher Hanna

Southern Methodist University Dedman School of Law
Dallas, TX

Karen L. Hawkins

Former Director, Office of Professional Responsibility
Washington, DC

Glenn A. Hegar

Comptroller, Texas Comptroller of Public Accounts
Austin, TX

Donald O. Jansen

The University of Texas System
Austin, TX

Richard M. Lipton

Baker & McKenzie
Chicago, IL

Bruce A. McGovern

South Texas College of Law
Houston, TX

Christina A. Mondrik

Mondrik & Associates
Austin, TX

Charles J. "Chad" Muller

Chamberlain, Hrdlicka, White, Williams & Aughtry
San Antonio, TX

Fred F. Murray

Grant Thornton LLP
Washington, DC

Arthur R. Rosen

McDermott Will & Emery
New York, NY

Bahar A. Schippel

Snell & Wilmer LLP
Phoenix, AZ

Planning Committee

Joe Hull—Chair

Bracewell & Giuliani LLP
Austin, TX

Robert J. Peroni—Vice-Chair

The University of Texas School of Law
Austin, TX

Maxine Aaronson

Attorney at Law
Dallas, TX

Stephen R. Akers

Bessemer Trust
Dallas, TX

R. Gordon Appleman

Thompson & Knight LLP
Fort Worth, TX

Stanley L. Blend

Strasburger & Price, LLP
San Antonio, TX

Michael L. Cook

Cook Brooks Johnson PLLC
Austin, TX

Mickey R. Davis

Davis & Willms, PLLC
Houston, TX

Dennis B. Drapkin

Southern Methodist University Dedman School of Law
Dallas, TX

Donald O. Jansen

The University of Texas System
Austin, TX

Stanley M. Johanson

The University of Texas School of Law
Austin, TX

Calvin H. Johnson

The University of Texas School of Law
Austin, TX

James F. Martens

Martens, Todd, Leonard, Taylor & Ahlrich
Austin, TX

Christina A. Mondrik

Mondrik & Associates
Austin, TX

Susan C. Morse

The University of Texas School of Law
Austin, TX

Charles J. "Chad" Muller

Chamberlain, Hrdlicka, White, Williams & Aughtry
San Antonio, TX

Patrick L. O'Daniel

Norton Rose Fulbright US LLP
Austin, TX

T. Charles Parr III

Parr & Associates
San Antonio, TX

Robert D. Probasco

The Probasco Law Firm
Dallas, TX

Catherine C. Scheid

Attorney at Law
Houston, TX

Kelli H. Todd

Martens, Todd, Leonard, Taylor & Ahlrich
Austin, TX

Bret Wells

University of Houston Law Center
Houston, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 14.50 hrs  |  2.75 hrs Ethics
Legal Specialization(s): Estate Planning and Probate Law, Tax Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 14.50 hrs  |  2.75 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Ohio – 14.50 hrs  |  2.50 hrs Ethics
You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. 
Toggle view Oklahoma – 17.50 hrs  |  3.50 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view Certified Financial Planner (CFP) – Expected – 0.00 hr
This course has been approved for Certified Financial Planner (CFP) credit. UT Law CLE will report your credit for you, but we do require that you claim the credit in your Briefcase and ensure your CFP number is add in your account. Contact us at accreditation@utcle.org if you have additional questions.

You can learn more at: http://www.cfp.net/
Toggle view IRS Enrolled Agent – 17.00 hrs
The University of Texas School of Law is an IRS Approved Continuing Education (CE) Provider for Return Preparers and Enrolled Agents. Attendees claiming IRS CE credit must sign in with your Preparer Tax Identification Number (PTIN) to verify attendance. Attendance sign-in sheets will be available at the registration desk. A Certificate of Completion with the program number will be provided at the conclusion of the conference to keep for your records.

Reporting: UT Law will report credit to the IRS on your behalf. For programs that occur during the first nine months of the year, credit will be reported on a quarterly basis (by March 31, June 30, and September 30). For programs that occur during the fourth quarter (October 1 - December 31), credit will be reported within ten (10) days of the last day of the conference. UT Law CLE will maintain Attendance Records for four years.
Toggle view National Accounting CPE – 17.00 hrs
The University of Texas School of Law is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

Delivery Method: Group-Live (UT Law CLE is a provider of NASBA Group-Live credit only, which excludes online offerings. 

To comply with NASBA Standards, attendees claiming CPE credit must sign in to verify attendance for each segment. Attendance sign-in sheets will be available at the registration desk. You will need your CPA license number to sign in. A CPE Certificate of Completion will be provided at the conclusion of the conference.

Reporting: CPAs are responsible for reporting CPE credits earned to their state's accountancy board, and must retain appropriate documentation of their participation in learning activities. Visit your state’s reporting website for more information or www.nasba.org.

Key Dates

Austin – Dec 2-3, 2015 – Radisson Hotel and Suites, Austin-Downtown
Conference Concluded
Buy
  • Austin
Individual
Last day for $495.00 Regular pricing: Nov 24, 2015

$545.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $445.00 Regular pricing: Nov 24, 2015

$495.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $395.00 Regular pricing: Nov 24, 2015

$445.00 for registrations received after this time

Last day for cancellation (full refund): Nov 27, 2015

$50 processing fee applied after this date

Last day for cancellation: Nov 30, 2015

Venue

speaker

Radisson Hotel and Suites, Austin-Downtown

111 E. Cesar Chavez Street
Austin, TX
512.478.9611 (reservations)

Accommodations

$149 room rate good through November 1, 2015 (subject to availability).
Reserve your room online.

Parking Information

Daily Self-Parking:  $4
Overnight Self-Parking: $10 
Daily Valet Parking:  $25

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Bracewell & Giuliani LLP logo
    Bracewell & Giuliani LLP
    Bracewell & Giuliani’s tax group has significant experience with the tax issues arising in transactions in all aspects of the energy industry including upstream and midstream oil and gas, oil field services, power generation and transmission and renewables. We also render critical tax advice in transactions including acquisitions and dispositions, reorganizations, debt and equity financing and financial transactions including hedging arrangements. Additionally, members of our team have a tremendous depth of experience in estate tax planning. Understanding that estate planning is a very personal process, we treat our attorney-client relationships as paramount. Our experience enables us to pursue a variety of sophisticated strategies to assist our clients in protecting their wealth for future generations in the most tax-efficient manner possible. No matter what the tax issue, Bracewell attorneys are committed to the relationship and understanding of each client's goals and concerns.
    bgllp.com
  • Branscomb | PC logo
    Branscomb | PC
    Branscomb | PC’s tax group provides comprehensive tax planning and advice to individuals, business entities, trustees, and personal representatives of estates. We have substantial experience in tax-free reorganizations and sales of businesses, tax-free spin-offs of branches or divisions of businesses, planning for investment in and divestment of oil and gas, planning with respect to settlements and jury awards in tax litigation, and planning for infusion of capital into existing businesses. Our estate tax planning group specializes in helping clients minimize the transfer tax cost of passing wealth on to subsequent generations. Our tax lawyers regularly handle Internal Revenue Service audits, protest letters contesting tax adjustments and penalties, administrative proceedings, appeals, and estate and gift tax disputes that include the valuation of closely-held businesses. We have long history of helping clients resolve issues with Internal Revenue Service and know how to work within the tax system to achieve our clients’ tax goals.
     
    branscombpc.com
  • Chamberlain, Hrdlicka, White, Williams & Aughtry logo
    Chamberlain, Hrdlicka, White, Williams & Aughtry
    Chamberlain, Hrdlicka, White, Williams & Aughtry marks its fourth decade as a diversified law practice focused on the highest level of client service.  Although we have grown to a firm of more than 100 attorneys with a wide variety of practice areas, personalized attention to our clients’ needs remains a hallmark of our heritage. We have built our reputation working with established businesses as well as entrepreneurs and individuals with sophisticated legal needs.  Today, our tradition of personalized service continues to be valued by clients from the smallest start-up ventures to the largest multinational companies. chamberlainlaw.com
  • Martens, Todd, Leonard, Taylor & Ahlrich

    Martens, Todd, Leonard, Taylor & Ahlrich
    Martens, Todd, Leonard & Taylor focuses its practice on trials, appeals and administrative hearings involving the Texas franchise tax and Texas sales & use tax. We also represent clients in challenging assessments of federal income/estate and gift tax in the U.S. Tax Court, federal appeals courts, and U.S. Supreme Court. Our appellate practice includes all types of appeals. Our recent cases include:
    Combs v. Roark Amusement & Vending, LP, 422 S.W.3d 632 (Tex. 2013); In Re: AllCat Claims Service, LP, 356 S.W.3d 455 (Tex. 2011); Combs v. Newpark Resources, Inc., 422 S.W.3d 46 (Tex. App.—Austin 2013, no pet.); Titan Transportation, LP v. Combs, 433 S.W.3d 625 (Tex. App.—Austin 2014, pet. filed); CGG Veritas Services (U.S.), Inc. v. Combs, No. D-1-GN-12-001316 (353rd Dist. Ct. Sept. 17, 2014), appeal docketed, No. 03-14-00713-CV (Tex. App.—Austin Nov. 10, 2014) and Graphic Packaging Corp. v. Combs, No. D-1-GN-12-003038 (353rd Dist. Ct. Mar. 18, 2014), appeal docketed, No. 03-14-00197-CV (Tex. App. – Austin Apr. 2, 2014).
    textaxlaw.com
  • KPMG LLP logo
    KPMG LLP
    KPMG LLP, the audit, tax and advisory firm, is the U.S. member firm of KPMG International Cooperative ("KPMG International"). KPMG is a global network of professional firms providing Audit, Tax and Advisory services. We operate in 155 countries and have more than 162,000 people working in member firms around the world.
     
    KPMG delivers a globally consistent set of multidisciplinary services based on deep industry knowledge. Our industry focus helps KPMG professionals develop a rich understanding of clients' businesses and the insight, skills, and resources required to address industry-specific issues and opportunities.
    kpmg.com
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