Walsh College Mark Solomon Tax Symposium
Walsh College hosted the second annual Mark Solomon Tax Symposium on Thursday, October 30, 2014 at the Walsh College Troy Campus from 8 a.m. to noon. The symposium featured papers that focus on current issues on taxation that challenge traditional thinking, introduce provocative ideas, and present divergent sides of an issue.
Presenters and Authors
Michigan Taxation of Flow-Through Entities: How Many Due Process Clauses Can Dance on the Head of a Pin?
Marla Schwaller Carew, JD, LLM
Attorney and Counselor, Marla Schwaller Carew, PLLC
Adjunct Tax Instructor
Much of the modern law on nexus for state taxation comes from United States Supreme Court case law, or federal statutory law regarding sales and physical presence in a state. However, applying broader concepts such as "purposeful availment" has become more difficult, and less taxpayer-friendly, in the hands of Michigan legislators, as review of recent flow-through withholding, and nexus standards for owners of flow-through entities, demonstrates. This paper will review and analyze Michigan's version and application of economic nexus to its immediately past and present treatment of flow-through entities, especially those with nonresident equity owners, and compare it to select states with regard to withholding, capture of IRC Section 338(h)(10) income, and extension of nexus in general.
Cloud Computing and Sales Tax Implications
Dave DeCew, CPA, Author
Jon Strycharz, CPA, Presenter
Manager, State & Local Tax
Plante & Moran, PLLC
Cloud Computing and Sales Tax Implications is an in depth look at the sales tax environment for software companies. The sales tax treatment of infrastructure, platforms, and software is analyzed based on the most recent court decisions and state promulgations. Is the sale of these a sale of services or tangible personal property? The determination of nexus under the Due Process Clause and the Commerce Clause of the U.S. Constitution is discussed across a range of states.
Digital Assets in the Information Age: Do Your Ones and Zeros Have Value?
Past President, Accounting & Tax Student Organization
In the late 20th century the internet ushered in a new technological age transforming society. With this digital transformation, technologies have made a huge leap forward and our society has become internet dependent. As more people journey online and effectively create a digital society, there are questions which arise and need to be answered. Is there value to what people are creating online, how is that value determined, and what are the tax implications. This paper will explain and define what digital assets are and how to determine whether they have a fair market value.
“The Check’s in the Mail,” but Sometimes I.R.C. § 7502  Doesn’t Allow You to Prove It.
Jaqueline Brandt, Author
Aaron Cook, Presenter
This paper discusses the circuit split surrounding IRC§ 7502. Section 7502, the timely mailing as timely filing rule, governs when documents are received and considered filed with the IRS. Some circuits allow extrinsic evidence regarding mailing when the document is not received or is received late, and some do not. The focus of this paper is the US v Stocker case, where the Sixth Circuit would not allow extrinsic evidence of mailing even though the IRS employee lost the original envelope and other returns mailed simultaneous with the federal return in question were all received and postmarked timely. The case was denied cert by the United States Supreme Court, so a solution will have to come from Congress/the IRS. The proposed solution is that the statute be amended to require documents to be mailed by registered or certified mail in the hopes that the resultant record of filing will be easier to trace than traditional USPS mail.
The Business Buzzkill: how the Controlled Substances Act has stonewalled legitimate business interests from engaging in the legalized marijuana marketplace.
Daniel S. Hoops, JD, LLM Estate Planning,
Associate Professor, Taxation & Business Law, Walsh College
Hoops will discuss the challenges facing traditional business advisors, including attorneys, accountants, insurance advisors, that prevent their assistance to business proprietors in the legalized marijuana marketplace in Michigan and the United States.
On Thursday, September 26, 2013, Walsh College hosted the first annual Mark Solomon Tax Symposium at their Troy campus. For information on the presenters and authors who participated, visit www.walshcollege.edu/2013taxauthors
|Members of the Walsh College Accounting & Taxation Society (ATSO) at the 2013 Tax Symposium
||From L-R: Joni Larson, Jennifer Sanderson, Jill Babcock, Catherine McCollum, Mark Burger & Daniel Hoops
Updated December 19, 2014. JK