REPRESENTATIVE EXPERIENCE Diann’s recent representative experience includes:
- Litigating in several states regarding classification of gains as nonbusiness income.
- Responding to Multistate Freedom of Information Act (FOIA) requests.
- Providing analysis of a proper combined group under New York’s revised franchise tax law.
- Writing an amicus brief for U.S. Bancorp in support of a petition for certiorari at the U.S. Supreme Court in Lehman Brothers Bank, FSB v. State Bank Commissioner.
While serving as General Counsel for COST, Diann’s accomplishments included:
- Spearheading the Unclaimed Property Task Force.
- Drafting the Mobile Workforce State Income Tax Fairness and Simplification Act of 2006 (H.R. 6167) concerning state income tax withholding.
- Negotiating language for the Economic Development Act (S. 1066; H.R. 2471) concerning the availability of credits and incentives in the wake of Cuno.
- Submitting the only state and local tax-specific comments on, and request for delay to implementation of, the Financial Accounting Standards Board’s FIN 48.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Chair of the Income and Net-Worth-Based Taxes Subcommittee, State and Local Taxes Committee, Tax Section, American Bar Association
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Co-author, “To Be or Not to Be... the MTC,” State Tax Notes (January 2, 2012)
- Co-author, “Missing Something? The Other Side of Unclaimed Property,” Corporate Counsel (June 21, 2011)
- Co-author, “Unclaimed Property Audits: Another Headache for Healthcare Providers,” Beckers Hospital Review (May 18, 2011)
- Co-author, “Prepaid Discount Vouchers: The Not-So-Final Frontier,” UPwords, State Tax Notes (May 16, 2011)
- Co-author, “Unclaimed Property Compliance and Health Care,” Compliance Today (April 2011)
- Co-author, “Should New Jersey cash in Aunt Betty’s gift to you?” The Star-Ledger (January 26, 2011)
- Co-author, "Card Issuers Trapped Between New Jersey and Delaware," UPwords, State Tax Notes (November 8, 2010)
- Co-author, "New Jersey Unclaimed Property Stored Value Cards," New Jersey Law Journal (October 26, 2010)
- Co-author, "What's UP in the Digital World?" UPwords, State Tax Notes (July 12, 2010)
- Co-author, “Colorado’s End Run—Clever, Coercive, and Unconstitutional,” A Pinch of SALT, State Tax Notes (April 5, 2010)
- Co-author, "Where We’ve Been and Where We’re Going—Taking Stock,” UPwords, State Tax Notes (March 15, 2010)
- Co-author, “Unclaimed Property Administration—Taking Advantage of Uncertainty,” UPwords, State Tax Notes (December 21, 2009)
- Co-author, “The Fight For Unclaimed Property: Current Battles Shaping Future Law,” Partnering Perspectives (Fall 2009)
- Co-author, “States Attempt to Seize Class Action Settlements as Unclaimed Property,” UPwords, State Tax Notes (September 21, 2009)
- Co-author, “Sogg v. Zurz: Unclaimed Property—Do You Own Your Income?” UPWords, State Tax Notes (June 22, 2009)
- Co-author, “No Hedging on Gross Receipts Inclusion in Sales Factor,” A Pinch of SALT, State Tax Notes (May 7, 2009)
- Co-author, “MTC Section 18 Regulations: Recurring Challenges to the Nonrecurring Rule,” A Pinch of SALT, State Tax Notes (April 8, 2009)
- Co-author, “California Restructures Its Corporate Income Tax,” Practical U.S./Domestic Tax Strategies (February 2009)
- Author, “Letting Ohio’s CAT Out of the Bag,” A Pinch of SALT, State Tax Notes (October 6, 2008)
- Author, “New York Reduces Franchise Tax Rate, Accelerates Single Sales Factor and Clarifies Combined Reporting Rules,” Practical U.S./Domestic Tax Strategies (July 2007)
- Speaker, “Due Process - Significant Current Issues,” NYU Institute on State and Local Taxation (December 12-13, 2011)
- Speaker, “State/Local Withholding and Information Reporting Obligations for the Mobile Workforce,” NYU Institute on Federal Taxation (November 17-18, 2011)
- Speaker, “Federal Limits on State Taxation” and “Click-Through Nexus and the Main Street Fairness Act,” Chicago Tax Club Annual Fall Seminar (October 26-27, 2011)
- Speaker, “The Economic Substance and Business Purpose Doctrines in State and Local Tax,” Paul J. Hartman State and Local Tax Forum (October 25-27, 2011)
- Speaker, “State/Local Withholding and Information Reporting Obligations for the Mobile Workforce,” NYU Institute on Federal Taxation (October 23-28, 2011)
- Speaker, “Major Trends and Multistate Tax Issues and on Developments in Nexus,” Manufacturers’ Education Council 2011 Ohio Tax Course (August 12, 2011)
- Speaker, NCSL Executive Committee Task Force on State and Local Taxation of Communications and Electronic Commerce (August 7, 2011)
- Speaker, “Transparency of State Tax Administration,” Georgetown Law Advanced State and Local Tax Institute 2011 (May 18–19, 2011)
- Speaker, “State and Local Income Tax: Intermediate to Advanced,” TEI Houston Chapter 23rd Annual Tax School (May 2, 2011)
- Speaker, “Federal Preemption: When Do Federal Laws Trump the States?” 2011 UPPO Annual Conference (March 6–9, 2011)
- Speaker, “Due Process – Are Pay-to-Play and Internal Hearings the End of the Line? Retained Refunds, Retroactive Laws and Regulations, Harsh Penalties,” New York University’s 29th Institute on State and Local Taxation (December 13–14, 2010)
- Speaker, “Emerging Issues Associated with Abandoned & Unclaimed Property: It’s Not a Tax, But You Own the Audit,” Council on State Taxation 41st Annual Meeting (October 19–22, 2010)
- Speaker, “Major Trends and Multistate Tax Issues including Aggressive State Tax Actions," Manufacturers’ Education Council 2010 Annual Ohio Tax Course (August 13, 2010)
- Speaker, “The Protests” and “Mock State Appellate Hearing,” TEI State and Local Tax Course (July 12–16, 2010)
- Speaker, “Section 7701(o) – The Newly Codified Economic Substance Doctrine,” Tax Education Series VIII (June 16, 2010)
- Speaker, TEI Cincinnati Chapter Meeting (April 26, 2010)
- Speaker, “State Tax Treatment of Bad Debts and Limitation of Remedies,” ABA and IPT Advanced Sales and Use Tax Seminar (March 24, 2010)
- Speaker, “Determining When You Need Counsel or Other Experts,” Unclaimed Property Professionals Organization (UPPO) 2010 Annual Conference (March 8–10, 2010)
- Speaker, New York University’s 28th Institute on State and Local Taxation (December 14–15, 2009)
- Speaker, COST 40th Annual Meeting (October 20–23, 2009)
- Speaker, Tax Education Series VII (April 29, 2009)
- Speaker, New York University’s 27th Institute on State and Local Taxation (December 15–16, 2008)
- Speaker, 15th Annual Paul J. Hartman State and Local Tax Forum (October 28–30, 2008)
- Speaker, COST 39th Annual Meeting (October 22–24, 2008)
- Speaker, Tax Executives Institute (TEI) 58th Midyear Conference (April 6–9, 2008)
- Speaker, Institute for Professionals in Taxation (IPT) Income Tax Symposium (November 14, 2007)
- Speaker, State Tax Roundtable for Utilities and Power (November 8, 2007)
- Speaker, Federation of Tax Administrators (June 11, 2007)