On this episode of tax break, host Rob Kovacev interviews former IRS Chief Counsel and newest addition to the Miller & Chevalier tax practice, Mike Desmond. They discuss Mike's tenure as Chief Counsel, the challenges facing the IRS under the new administration, and the changing legal landscape for Treasury regulations. ********* Thank you to Mike Desmond for joining us: https://www.millerchevalier.com/professional/michael-j-desmond  Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

We all knew that 2025 would be a watershed year for tax policy, with the expiration of several key provisions of the Tax Cuts and Jobs Act (TCJA) alone guaranteed a busy tax policy year. Now the 2024 elections are over, resulting in the election of President-elect Trump and a Republican Congress. On this episode of tax break, host Rob Kovacev is joined by Miller & Chevalier Tax Policy Co-Lead Jorge Castro to answer some pressing questions: Do the election results provide taxpayers with more certainty or less? What is likely to happen to TCJA? What are the other big changes that may happen to the tax code?  ********* Thank you to Jorge Castro for joining us: https://www.millerchevalier.com/professional/jorge-e-castro Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

In this episode tax break, Miller & Chevalier Counsel Jaclyn Roeing interviews Rob Kovacev on the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, Case No. 22-451 (June 28, 2024). The opinion provided a resounding rejection of the Chevron doctrine and the deference previously afforded to agency regulations, and is expected to have wide-ranging effects. Rob provides insights on the Supreme Court opinion, considerations on how Treasury and IRS regulations may be reviewed moving forward, and other thoughts on how Loper Bright will impact the world of tax. ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

This week on tax break, host Rob Kovacev and guest John Schoenecker, Government Relations and Regulatory Strategy Director of TaxBit, discuss the recently proposed regulations under IRC 6045, particularly concerning additional reporting requirements for digital asset transactions.  ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

This week on tax break, host Rob Kovacev interviews fellow Miller & Chevalier Tax Member George Hani on the various procedures the IRS offers for resolving tax disputes short of litigation. The IRS offers alternative dispute resolution (ADR) procedures to taxpayers before, during, and even after the traditional IRS Appeals process. George provides insight into these procedures and how taxpayers can best utilize them to their advantage. ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

This week on tax break, host Rob Kovacev is joined by former IRS Commissioner and Miller & Chevalier Senior Counsel Larry Gibbs to discuss the IRS's Strategic Operating Plan and where the IRS should devote its additional funding from the Inflation Reduction Act. ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

This week, host Rob Kovacev is joined by Miller & Chevalier colleagues Joe Rillotta and Ian Herbert to discuss tax enforcement under state False Claims Acts.   The False Claims Act has been around at the federal level since the 1860s.  It generally provides for civil penalties and qui tam enforcement in instances where there is a fraud on the government, and it was actually passed to address procurement fraud during the Civil War.  A lot of states have passed their own versions of the False Claims Act, based on the federal statute.  But tax controversy and compliance lawyers haven't had to worry too much about the False Claims Act, because the federal statute expressly says that it cannot be applied to alleged violations of the tax code.  But then in the 1990s, something interesting started happening: Some states enacted versions of the False Claims Act without any limitation on tax claims (or interpreted their acts to allow such claims). In 2010, New York made a big splash when it expressly amended its statute to allow tax-based enforcement and created a whole component within its Attorney General's office to bring and review such cases. Most recently, in 2021, DC enacted provisions modeled on New York. Some high-profile cases have been brought attempting to redress allegations of state tax evasion though False Claims Acts.  And this raises a lot of questions. ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

And we're back! In our season 2 premiere, hosts Loren Ponds and Rob Kovacev discuss the latest Chief Counsel Advice Memorandum outlining more burdensome procedures for taxpayers requesting R&E credit refund claims. They'll outline the content of the new memo, discuss APA implications of rulemaking in the form of a CCM, give takeaways for taxpayers, and make some observations on litigating refund claim suits from both the perspective of representing the taxpayer and representing the government. ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

With the action by Liberty Global in November of last year, we have the first challenge to the validity of the Temporary Regulations under section 245A. We discuss those regulations and some of the arguments we will see in that case.  Topics discussed:1. The section 245A deduction, the “GILTI donut hole,” and what the Temporary Regulations do to address that “donut hole”2. Liberty Global’s complaint3. Assessment of Liberty Global’s arguments that the Temporary Regulations are invalid ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

Loren and Steve will discuss the tax proposals included in the American Jobs Plan, which are meant to fund large infrastructure investments the Biden administration plans to make. Topics addressed will include proposed modifications to the GILTI, BEAT, and FDII regimes, as well as new provisions like the minimum tax on book income and a carrot/stick approach to addressing U.S. multinationals’ onshoring and offshoring activities. ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

In this episode, Loren and Steve speak with Mike Cragg from The Brattle Group about economics and transfer pricing valuations.  Over time, the modes of economic valuation for transfer pricing purposes have become predictable and sometimes rote. Are there other ways to skin the proverbial cat? On this episode, we discuss some possible novel approaches with Mike Cragg, an experienced economist and the Principal & Chairman at The Brattle Group. In particular, we’ll discuss the role that insights from antitrust economics and notions of minority discounts might play in transfer pricing valuations.  ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

Facebook is embroiled in a transfer pricing dispute with the IRS in Tax Court. This week on tax break, Steve and Loren conclude their discussion of what's at issue in the case. Listen to part 1 of the discussion in Episode 14. Topics discussed: Basics of the dispute Whether aggregation of the three disputed royalties is reliable here Pricing the Platform Contribution Transaction royalty Challenge to validity of the -7T regulations Nature of the User Base and associated royalty Subsequent legal changes and changes to structure ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

This week, Steve and Loren discuss the results of the joint Miller & Chevalier and National Foreign Trade Council 2021 Tax Policy Forecast Survey with Miller & Chevalier Tax Member Marc Gerson. View the survey here: https://bit.ly/taxpolicy2021  Topics discussed: Genesis of the survey Design of its questions Expectations for results Surprises in those results Other observations on the results Thanks to our guest, Marc Gerson: https://www.millerchevalier.com/professional/marc-j-gerson  **** Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

Facebook is embroiled in a transfer pricing dispute with the IRS in Tax Court. This week on tax break, Steve and Loren discuss what's at issue in the case. Topics discussed: Basics of the dispute Whether aggregation of the three disputed royalties is reliable here Pricing the Platform Contribution Transaction royalty Challenge to validity of the -7T regulations Nature of the User Base and associated royalty Subsequent legal changes and changes to structure ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

The January special election in Georgia shifted control of the Senate to the Democrats. What does this mean for the prospects and content of future tax legislation? Hosts Steve Dixon and Loren Ponds are joined by their colleagues Jorge Castro and Marc Gerson to discuss: Contents of the Consolidated Appropriations Act, 2021 New Composition of Finance and Ways & Means What Can Be Accomplished with Reconciliation? Possible Content of Reconciliation Vehicles Business Tax Proposals Thanks to our guests: Jorge Castro: https://www.millerchevalier.com/professional/jorge-e-castro Marc Gerson: https://www.millerchevalier.com/professional/marc-j-gerson ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

This week on tax break, Steve and Loren are joined by Miller & Chevalier Tax Member Rocco Femia to discuss the recently proposed section 901 regulations’ net gain requirement and new jurisdictional nexus standard, as well as the implications of these modifications. Thanks to our guest, Rocco Femia: https://www.millerchevalier.com/professional/rocco-v-femia ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

In a crossover with the Tax Notes Talk podcast, tax break host and Miller & Chevalier Member Loren Ponds shares her journey from Georgetown University Law Center to the OECD to Capitol Hill, where she worked on the 2017 tax law, and what she learned along the way. Loren is interviewed by Nana Ama Sarfo, who recently profiled her in Tax Notes' For the Love of Tax series.  You can check out that profile here: http://bit.ly/PondsProfile  ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you'll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

On this episode of tax break, Loren and Steve are joined by Simon Webber, a managing director in the transfer pricing practice at Duff & Phelps, about the latest OECD initiatives and what they might mean for transfer-pricing valuation. We'll speak about the endeavor of transfer pricing valuation as it relates to worldwide effective-tax-rate management, how the last round of OECD initiatives (under BEPS) changed the valuation landscape, and what might happen to that landscape with the two developing OECD pillars (the first of which contemplates some possible formulary apportionment among markets, the second of which contemplates a minimum tax that may be assessed on the basis of book financials).  Thanks to our guest, Simon Webber: https://www.duffandphelps.com/our-team/simon-webber ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you'll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

In this episode of tax break, Steve and Loren are joined again by Miller & Chevalier tax Member Jorge Castro to discuss some of the business-specific tax proposals that have come from President-Elect Joe Biden. Jorge served on the Obama-Biden Transition Team in 2008 and provides perspective about how the incoming Biden administration is currently assessing these issues. We discuss significant general corporate changes, international tax changes, other domestic possibilities, and areas for bipartisan agreement. Thanks to our guest, Jorge Castro: https://www.millerchevalier.com/professional/jorge-e-castro  ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you'll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

In this episode of tax break, Steve and Loren discuss the final FDII regulations from July 2020 with Sharon Heck, Treasurer and Chief Tax Officer at Intel. They discuss several aspects of the business that have been affected by FDII, and policy discussion underscoring the importance of the provision now and going forward: Practical considerations (supply chain considerations, corollary to GILTI, impact to M&A transactions) Policy considerations (Biden tax proposals – Made in America, R&D innovation and incentivization, impact of impending R&D amortization provision) Thanks to our guest, Sharon Heck: https://www.linkedin.com/in/sharonlheck/  ********* Questions? Contact us at podcasts@milchev.com. tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you'll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.