Walsh College

Tax Symposium

Walsh College Mark Solomon Tax Symposium

Walsh College will be hosting 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 will feature papers that focus on current issues on taxation that challenge traditional thinking, introduce provocative ideas, and present divergent sides of an issue.  

Tickets are $35 for alumni, $15 for students and $50 for all others.

Presenters and Authors

Exploring the Cost of Individual Health Care Under the Patient Protection and Affordable Care Act (the "Act") 
Eric J. Gould, JD, LLM Taxation 
Attorney and Counselor, Eric J. Gould, PLC
Clinical Professor, Taxation & Business Law
Walsh College
2014 is the inaugural year of the "Individual Mandate" requiring individuals not covered by employer or governmental health insurance to purchase their own health insurance policies.  There are various costs associated with this mandate, requiring planning to manage these personal health care expenditures.  This paper identifies the costs of individual health insurance coverage, explores the tax benefits provided under the Internal Revenue Code as modified by the Act, and discusses practical planning ideas to meet the costs of insurance and medical care. 

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
Walsh College
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
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?
Bradley Perry
President, Accounting & Tax Student Organization
Michael Robins
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 [1] Doesn’t Allow You to Prove It.
Jacqulene Brandt
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. 

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  Walsh College professors Jennifer Sanderson & Dan Hoops following the 2013 Tax Symposium 
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 September 11, 2014. JK