June 23, 2022 | Transfer Pricing Litigation: Where Are We Headed?
Until fairly recently, courts rejected the federal government's interpretation of its regulations in most high-profile transfer pricing cases. But with a string of major wins over the last several years, including Medtronic, Altera, and Coca-Cola, the IRS has reversed that trend. Is the government choosing cases more carefully or using better litigation strategy, or are the courts shifting their views on IRS arguments? Will this trend continue in cases like 3M or Facebook and beyond? How should taxpayers respond?
ABOUT THE SPEAKERS
President and CEO, Tax Analysts
As the moderator for our Taxing Issues webinars, Cara objectively analyzes issues and asks probing questions that challenge panelists to explain and defend their positions.
When she’s not moderating Taxing Issues webinars, Cara provides strategic oversight for Tax Analysts. She has led efforts to improve the Tax Notes suite of products and to aggressively pursue transparency in the administration of tax systems. Previously, Cara managed the editorial department, including the flagship daily news publications and weekly magazines. She has written for a broad range of tax policy publications, including Tax Notes State, The Tax Adviser, The Hedge Fund Law Report, and The Hill. She regularly speaks at tax conferences and other events, discussing a variety of technical tax issues as well as the need for transparency in tax administration.
Cara has a BA in political science and a BA in international studies from the University of Evansville and a JD from the George Washington University Law School.
Matthew Frank joined Steptoe & Johnson LLP in 2020 from a Big Four firm, where he was a principal and focused on transfer pricing dispute resolution. From 2008 to 2017, Matt was senior tax counsel in transfer pricing for General Electric Co., where he worked on transfer pricing controversies worldwide and managed GE’s transfer pricing documentation center and trademark royalty program.
From 2003 to 2008, Matt directed the IRS advance pricing agreement program. He is the longest-serving director in the history of the program.
Matt spent the first 15 years of his career as an assistant U.S. attorney in the criminal division of the U.S. attorney’s office in the Central District of California, and in private practice handling tax litigation and tax controversy projects. His work as a government trial lawyer earned him the prestigious John Marshall Award from Attorney General Janet Reno for outstanding legal achievement.
Matt has spoken and written frequently on transfer pricing risk management. Matt is a former chair of the American Bar Association Section of Taxation transfer pricing committee and taught as an adjunct faculty member at the University of Pennsylvania Law School, the University of Michigan Law School, and elsewhere. Matt has led tax authority training sessions on numerous occasions, including at the Chinese tax authority's national training center in Yangzhou, China.
Marissa K. Rensen
Managing Director, International Tax, Washington National Tax -- KPMG US
Marissa Rensen advises clients on U.S. international tax matters, specializing in cross-border
transactions involving complex international tax issues. In particular, she has experience advising on
issues related to transfer pricing and foreign-derived intangible income.
Before joining KPMG in April 2020, Marissa was an attorney in the IRS Office of Associate Chief Counsel (International) for more than seven years, most recently as a special counsel. During her time with chief counsel, Marissa provided guidance to the IRS on transfer pricing matters in examination, appeals, and litigation. After the enactment of the Tax Cuts and Jobs Act, Marissa focused on guidance implementing U.S. tax reform, including FDII, the base erosion and antiabuse tax, and inventory sourcing. Earlier in her career, she was a clerk to Judge Joseph R. Goeke of the U.S. Tax Court and a tax associate at Mayer Brown LLP in Washington.
Marissa has a BS/BA from the University of Richmond, a JD from Tulane Law School, and an LLM in
taxation from Georgetown University Law Center.
Ryan Finley is a contributing editor with Tax Notes International. He was previously a legal reporter for Tax Notes Today International for more than five years, and continues to write primarily on transfer pricing, the OECD’s base erosion and profit-shifting project, and related international tax issues.
Before joining Tax Notes, Ryan worked as a transfer pricing consultant for six years. He holds a J.D. from the University of Illinois College of Law. Follow Ryan on Twitter at @ryanmfinley.